Were you arrested or charged with manufacturing a controlled substance? Do you face a possible prison sentence if convicted? If so, do not hesitate to contact Truslow & Truslow to discuss your legal options. We might be able to provide an effective defense to get the charges against you dropped or reduced.
According to South Carolina statute 44-53-110(25), manufacture means the indirect or direct propagation, production, processing, compounding, preparation, or conversion of a controlled substance through independent chemical synthesis, extraction from natural substances, or a combination of both, including packaging or repackaging a substance or labeling or relabeling the container.
The penalty for drug manufacturing is harsh in South Carolina. You could end up serving time in prison and paying a hefty fine. The consequences of a conviction can also affect your future. Even after paying your debt to society, you could experience challenges looking for a job and finding a place to live. A drug manufacturing conviction ends up on your criminal record, and anyone can look up the information online.
The South Carolina drug crimes attorneys of Truslow & Truslow have defended clients charged with drug manufacturing for more than 50 years. We are ready to represent you in your case and fight hard to secure your freedom and future. Call (803) 256-6276 today for a confidential consultation with one of our South Carolina drug manufacturing lawyers.
Types of Controlled Substances
A controlled substance falls under one of five Schedules classified by the Drug Enforcement Administration. The five Schedules are below.
Schedule I
A Schedule I substance, drug, or chemical has a high potential for abuse. Examples include:
Certain opiates
Heroin
Ecstasy
Marijuana (cannabis)
Lysergic acid diethylamide (LSD)
Schedule II
A Schedule II drug, chemical, or substance has high abuse potential and potential to lead to severe physical or psychological dependence. Examples include:
Hydromorphone (Dilaudid)
Cocaine
Fentanyl
Methamphetamine
Schedule III
A Schedule III chemical, substance, or drug has a potential for abuse higher than Schedule IV but lower than Schedule I or II. It also has a moderate to low potential for psychological and physical dependence. Examples include:
Anabolic steroids
Products with less than 90 mg of codeine per dosage unit
Ketamine
Testosterone
Schedule IV
A Schedule IV substance, chemical, or drug has a low risk of dependence and potential for abuse. Examples include:
Valium
Tramadol
Xanax
Ativan
Schedule V
A Schedule V drug, substance, or chemical has a lower abuse potential than a Schedule IV drug. It also contains preparations with minimal quantities of certain narcotics. Examples include:
Lomotil
Parepectolin
Lyrica
Motofen
Penalties for Drug Manufacturing in South Carolina
If convicted of drug manufacturing, the sentence you could face depends on the type of drug, the amount, and whether it’s your first, second, or third offense. The maximum penalties based on the type of drug and offense are below.
Manufacturing of Marijuana
First offense – Maximum of a $5,000 fine and up to five years in prison
Second offense – Maximum of a $10,000 fine and up to ten years in prison
Third offense – Maximum of a $20,000 fine and five to 20 years in prison
Manufacturing of Methamphetamine, Cocaine, or Crack
First offense – Up to a $25,000 fine and no more than 15 years in prison
Second offense – Up to a $50,000 fine and 5 to 30 years in prison
Third offense – Up to a$50,000 fine and 10 to 30 years in prison
Manufacturing of Heroin
First offense – No more than a $25,000 fine and a maximum of 15 years in prison
Second offense – No more than a$50,000 fine and at least five years in prison but no more than 30 years
Third offense – No more than a $50,000 fine and at least ten years in prison but no more than 30 years
Manufacturing of Ecstasy and MDMA
First offense – No more than five years in prison and up to a $5,000 fine
Second offense – No more than ten years in prison and a $10,000 fine
Third offense – Up to 20 years but no less than five years in prison and a maximum of a $20,000 fine
Manufacturing of LSD
First offense – Maximum of a $25,000 fine and up to 15 years in prison
Second offense – Maximum of a $50,000 fine and at least five years in prison but no more than 30 years
Third offense – Maximum of a $50,000 fine and at least ten years in prison but no more than 30 years
Defending Yourself Against a Drug Manufacturing Charge
The defense strategy you can use in your case will depend on the circumstances of the offense and the evidence against you. The most common drug manufacturing defenses include:
Constitutional violation – Everyone has certain constitutional rights during and after an arrest. If law enforcement violated your rights, such as performing an illegal search of your home, you could file a motion so the prosecution can’t present any of the evidence the officers found during the illegal search during the trial.
Wrongfully accused – Sometimes, a case of mistaken identity lands a person in hot water. An eyewitness could have falsely identified you as the person engaging in drug manufacturing or someone with a grudge named you as a suspect to seek revenge.
Lack of knowledge and intent – The prosecutor must present evidence showing you intentionally and knowingly manufactured a controlled substance to prove guilt beyond a reasonable doubt. Without sufficient evidence, a jury won’t be able to convict you.
Duress or coercion – If another person threatened your life or the life of your family, you might have felt like you had no choice but to commit the crime.
Truslow & Truslow can review your case and determine which defense we can use to defend you against the drug manufacturing charge.
Contact Truslow & Truslow
If you were arrested or charged with manufacturing drugs in South Carolina, contact Truslow & Truslow immediately. You should not face the experienced prosecution team without assistance from a knowledgeable and dedicated defense lawyer.
We will advise you about the available legal options and strategies we believe can work to achieve the best possible outcome, whether that’s a reduced sentence, lesser charge, plea deal, or dismissed case. You can count on us to fight hard for you and remain in your corner until the end.
For a confidential consultation, call (803) 256-6276 today.
