Punishment for Drug Manufacturing in Pennsylvania
The extent of punishment for unlawful drug manufacturing depends upon the “schedule” of the particular drug in each case. A “schedule” is a group of drugs as listed in the Pennsylvania Controlled Substances, Drugs, Device and Cosmetic Act. While the actual schedules are extensive and cover a broad range of substances, examples of the drugs in each schedule are as follows:
Schedule I
LSD, Heroin, Spice, Bath Salts
According to the Act, these have the highest potential for abuse and no accepted medical purpose.
Schedule II
Cocaine, Methamphetamine (Meth), Methadone
These drugs have a high potential for abuse, severe dependence and a limited medical use with severe restrictions.
Schedule III
Anabolic steroids
These substances have a lower potential for abuse, moderate dependence and an accepted medical use.
Schedule IV
Certain prescription drugs
These have an even lower potential for abuse, limited dependence and an accepted medical use.
Schedule V
Certain prescription cough medications
These have the least potential for abuse and an accepted medical purpose.
Penalties can be particularly severe if you are accused of manufacturing a “narcotic drug,” which the law defines as opium or an opiate derived from a plant or chemical synthesis. If charged with manufacturing of a narcotic drug, then you could face up to 15 years in prison and a $250,000 fine, with a mandatory minimum of five years in prison and a fine of $25,000 if you are found to have manufactured 100 grams or more of the narcotic drug.
If you are charged with manufacturing meth, cocaine (or crack), or PCP, then you could be sentenced to up to 10 years in prison with up to a $100,000 fine, with a mandatory minimum sentence of five years in prison and a $50,000 fine if the amount of the manufactured drug is 100 grams or more. If the manufactured drug is any other drug in Schedule I, Schedule II or Schedule III, then conviction could result in up to five years in prison and a fine of $15,000.
Manufacturing a Schedule IV drug could result in up to three years in prison and a $10,000 fine.
The only drug manufacturing charges that are not felonies are those involving Schedule V drugs. Conviction for the manufacture of a Schedule V drug can result in up to a year in jail and a $5,000 fine.
In all convictions for drug manufacturing, fines can be expanded beyond the maximum amount to completely exhaust all proceeds and assets from the manufacturing.
Defenses to Drug Manufacturing Charges in Philadelphia
Since drug manufacturing usually occurs inside of a building, most evidence for drug manufacturing charges comes from searches and seizures, often in the form of police raids. Furthermore, drug manufacturing often occurs inside a person’s home, where that person generally has a reasonable expectation of privacy recognized by the law.
This is important because police are generally required to have a warrant to search an area when a person as a reasonable expectation of privacy in that area. Your Philadelphia drug defense lawyer will carefully look at the procedures used by police in gathering evidence against you. Any misstep could lead to critical evidence being thrown out and your charges being reduced or dismissed.