Manufacture of Controlled Substances
The Utah Controlled Substances Act establishes severe penalties for people who are convicted of manufacturing controlled substances. This is an extremely serious criminal charge that can result in a lengthy term of imprisonment and substantial fines.
It is important to understand that a person can be charged with manufacturing illegal drugs even when no controlled substances are found. Alleged offenders can be charged with drug manufacturing simply for possessing raw materials or chemicals that are allegedly intended for use in the manufacture of illegal drugs.
Salt Lake City Manufacture of Controlled Substances Lawyer
Do you believe you are being investigated for or have you already been charged with drug manufacturing in Utah? It is critical for you to have legal representation with considerable experience handling these types of cases.
Levitt Legal, PLLC helps clients facing these types of drug charges in such areas as Salt Lake County, Cache County, Box Elder County, Summit County, Tooele County, Utah County, Wasatch County, Davis County, Morgan County, and Weber County. You can have Utah controlled substance manufacturing attorney Darren Levitt provide a complete evaluation of your case as soon as you call (801) 455-1743 to schedule a free consultation.
Utah Manufacture of Controlled Substances Overview
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Manufacture of Controlled Substances Charges in Salt Lake County
Under Utah Code § 58-37-2(1)(y), manufacture is defined as “the production, preparation, propagation, compounding, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis.” A manufacturer can be any person who packages, repackages, or labels any container of any controlled substance, except pharmacists who dispense or compound prescription orders for delivery to the ultimate consumer.
Utah Code § 58-37-8(1)(b) establishes the following criminal classifications for any person who knowingly and intentionally manufactures a controlled or counterfeit substance:
- Second-degree felony for first offense and first-degree felony for second or subsequent conviction if alleged offense involved a substance or a counterfeit of a substance classified in Schedule I or II, a controlled substance analog (a substance intended for human consumption and is structurally or pharmacologically substantially similar to or is represented as being similar to a Schedule I or Schedule II substance), or gammahydroxybutyric acid (GHB) as listed in Schedule III
- Third-degree felony for first offense and second-degree felony for second or subsequent conviction if alleged offense involved a substance or a counterfeit of a substance classified in Schedule III or IV, marijuana, or a substance listed in Utah Code § 58-37-4.2 (specific chemical compounds)
- Class A misdemeanor for first offense and third-degree felony for second or subsequent conviction if alleged offense involved a substance or a counterfeit of a substance classified in Schedule V
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Utah Manufacture of Controlled Substances Penalties
Drug manufacturing charges can have very harsh consequences for alleged offenders. Prosecutors will attempt to portray people accused of these types of crimes as dangers to the community who deserve maximum sentences.
The possible penalties a person faces depends on the classification of the criminal offense:
- First-Degree Felony — Up to life in prison and fine of up to $10,000
- Second-Degree Felony — Prison term of up to 15 years and fine of up to $10,000
- Third-Degree Felony — Prison term of up to five years and fine of up to $5,000
- Class A Misdemeanor — Jail term of up to one year and fine of up to $2,500
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Manufacture of Controlled Substances Defenses in Salt Lake County
It can be extremely frightening for any person to be facing these types of charges. Police and prosecutors can initially make many alleged offenders feel as though they have no possible defense.
However, working with a skilled lawyer as soon as possible will greatly increase the number of options an alleged offender might have. Every case is unique, but some of the most common defenses utilized by attorneys in response to these charges include, but are not limited to:
- Illegal search and seizure
- Materials or chemicals were not intended to be used for manufacturing a controlled substance
- Mistaken identity
- No knowledge of manufacturing activities
- Chemical analysis errors
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Find a Manufacture of Controlled Substances Lawyer in Salt Lake City
If you are facing criminal charges relating to the manufacture of illegal drugs in Utah, you should delay in obtaining legal counsel. Darren Levitt is committed to fighting to protect the rights of his clients and getting charges reduced or completely dismissed.
Levitt Legal, PLLC defends people all over the greater Salt Lake County area, including Riverton, Draper, Midvale, Cottonwood Heights, South Jordan, Murray, Taylorsville, West Jordan, and West Valley City. Let our Utah drug manufacturing attorney review your case and begin developing a defense that can help you achieve the most favorable outcome by calling (801) 455-1743 today to set up a free, confidential consultation.