Drug manufacturing, or cultivation, usually involves growing or creating illegal drugs for the purpose of distributing, selling or trafficking controlled substances. Frequently manufactured drugs in Ohio can include marijuana, methamphetamines, prescription drugs, heroin and cocaine. Most Ohio illegal drug manufacturing is done in methamphetamine (meth) labs, personal homes, or in marihuana grow houses.
Illegal drug manufacturing charges in Ohio can result in severe penalties, including possible mandatory prison sentences, possible mandatory fines, a criminal record, driver’s license or commercial driver’s license suspension, and/or revocation of a professional license. Additionally, a person who manufactures controlled substances can be charged with a state offense, federal offense, or both Ohio and federal offenses.
Columbus Drug Manufacturing Defense Attorney
If you have been charged with the illegal manufacture of drugs in Franklin County, Ohio, contact the Joslyn Law Firm to speak with an experienced criminal defense lawyer. Brian Joslyn of the Joslyn Law Firm will make every effort to find applicable defenses or mitigating factors to have your charges reduced or even dismissed.
Call the Joslyn Law Firm at (614) 444-1900 for a free consultation today about your alleged drug manufacturing offense in Columbus and the surrounding areas of Ohio.
Ohio’s Drug Manufacturing Statute
Illegal Manufacture of Drugs – According to the Ohio Rev. Code § 2925.04, an individual can be charged with this offense if they knowingly engage in the manufacture or any part of the production of a controlled substance.
Individuals who are licensed health professionals authorized to manufacture, prescribe or sell drugs, medications and prescriptions are generally exempt from drug manufacturing charges.
Penalties for Drug Manufacturing Under Ohio Law
Punishment for manufacturing illegal drugs in Ohio depends on the schedule the controlled substance falls into, the type of drugs, and whether the manufacturing offense occurred in the vicinity of a school or individual.
Generally, if a person manufactures drugs that are in Ohio’s schedule of drugs in schedule I or II, they can be charged with a felony of the second degree, which can result in a mandatory prison sentence from six to 18 months and/or fines not more than $15,000.
If the manufactured drug was a Schedule I or II drug and was created near a school or juvenile, the offense is a felony of the first degree, which can incur a mandatory prison sentence from three to 10 years and/or fines up to $20,000.
If a person manufactures a drug that is in Ohio’s schedule of drugs in schedule III, IV or V, they can be charged with a felony of the third degree, which is punishable with a prison sentence from one to five years and/or fines up to $10,000.
If the manufactured drug was a Schedule III, IV or V drug and was created near a school or juvenile, the offense is a felony of the second degree, which can incur a prison term from two to eight years and/or fines not more than $15,000.
These penalties do not apply to drug manufacturing offenses involving the manufacture of marihuana or methamphetamines.
Additional penalties an individual charged with drug manufacturing could receive include possible mandatory fines, driver’s license or commercial driver’s license suspension, and/or possible revocation of a professional license.
Federal Drug Manufacturing Offenses and Penalties
An individual can receive federal charges in addition to, or instead of, Ohio state charges for manufacturing illegal drugs. Manufacturing illegal drug offenses and penalties are defined in the federal Controlled Substances Act (21 U.S.C. §§ 807 et seq.). Penalties under federal law can be much harsher than Ohio state punishments, including much lengthier prison sentences, prison sentences without parole, hefty fines and seizure of an individual’s home and other assets.
Defenses to Ohio Drug Manufacturing Charges
Defenses to controlled substance manufacturing charges and reasons to exclude evidence of drug manufacturing can include, but are not limited to, the following list.
- The drugs were manufactured by a person authorized to do so under section 2925.03(B)(1), (2) or (3) of the Ohio revised Code or in accordance with the Federal Food, Drug and Cosmetic Act.
- Law enforcement officials conducted an illegal search or seizure or when no exigent circumstances existed.
- Law enforcement officers entered private property without a warrant.
- The warrant for a search or seizure was based on information that came from an unreliable informant.
Joslyn Law Firm | Columbus Drug Manufacturing Defense Lawyer
If you have been charged with manufacturing or cultivating controlled substances in Columbus, Ohio, contact Brian Joslyn of the Joslyn Law Firm to discuss the facts of your particular case. Brian Joslyn is a Columbus drug defense lawyer who will aggressively fight your charges and make every effort to help you avoid the most serious penalties and repercussions.
Call the Joslyn Law Firm at (614) 444-1900 for a free consultation about your alleged drug manufacturing charge in Franklin County and the surrounding counties, including Pickaway County, Madison County, Delaware County, Licking County and Fairfield County in Ohio.