Alameda County Drug Manufacturing Charges
Alameda County drug manufacturing charges could be serious and carry life-long penalties. Even if you were involved in only one part of the process, you could face severe consequences. An experienced drug manufacturing attorney could be beneficial in building a strong case to protect your future. Call today.
How Does California Define Drug Manufacturing?
Drug manufacturing is defined as the cultivation and preparation of illegal controlled substances. Under Health and Safety Code 11379, there are various levels of manufacturing and controlled substances that could be prosecuted under the same statutes. It is not substance focused, but conduct focused, specifically what someone is doing to create and develop a controlled substance.
Alameda County Law Enforcement Investigations
Alameda County law enforcement handles drug manufacturing charges and cases seriously. If the police suspect drug manufacturing in a specific location, they may begin with an ongoing investigation conducted by a task force, followed by a request to a court or judge for approval to issue and effectuate a search warrant.
Law enforcement will then search the approved area, gather any contraband or indicia of manufacturing, book it into evidence, and interview any witnesses related to the matter. Those involved will then be placed under arrest. Additionally, law enforcement officers will record witness statements, take photographs of the narcotics, and submit the overall report to the district attorney. The district attorney will then make determine whether to proceed with the case.
Charges Associated with the Manufacturing of Drugs
Drug manufacturing offenses fall under specific laws that separate the charge from other drug crimes. They are separated in the penal code and are charged differently with separate penalties. Depending on the charges, manufacturing offenses could have a harsher penalty than distribution or conspiracy.
Who Gets Charged?
Drug manufacturing charges extend to individuals who are only involved in one part of the process or who only supply materials. If a person is engaged in the distribution but not engaged in the manufacture of the controlled substance, he or she could be charged under a different penal code section that applies to his or her exact conduct. A person’s level of participation and the behaviors that he or she engages in would determine what section of the penal code he or she would be charged under.
Growing and Packing Drugs
Growing or packaging drugs play a role in a drug manufacturing charge. However, the focus is more on the distribution of the substance rather than the manufacturing. The cultivation aspect of it is different than the distribution part. The court will look at the intent behind it and what role the person played in the actual production of the substance.
State Law Versus Federal Law
A person could be arrested for and charged with drug manufacturing in Alameda County if the activity is permitted under local or state law, but not federal law. For example, marijuana is considered a federally regulated controlled substance, even though there is recreational use in California. A person could still be punished on the federal level, especially when it comes to manufacturing.
When talking about personal use and consumption of marijuana on a recreational level, many federal cases are not focused on small amounts or low-level offenses. The federal government’s funds, time, and energy are going to be focused on larger scale enterprises such as manufacturing marijuana or cultivating marijuana for large scale distribution. This type of crime would affect citizenship and society on a grander scale.
Call an Alameda County Lawyer About Drug Manufacturing Charges
An attorney experienced with Alameda County drug manufacturing charges knows the different codes a person could be charged under related to drug manufacturing. An attorney could use his or her knowledge and experience to build a defense specific to your needs.
Reach out to a seasoned drug attorney to discuss your case and legal options.