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Is manufacturing or cultivating drugs a federal or state crime?

Manufacturing or cultivating illegal drugs is a federal and state crime in most cases, except for a few exceptions in the case of marijuana legality. In criminal law, an individual who is involved in any aspect of illicit drug production can be accused of a crime, potentially imprisoned and fined.

If you're accused of possessing drugs or the equipment that could be needed to manufacture or cultivate it, you could be looking at charges that could result in a prison sentence or fines. Even a person who sells equipment that could be used to manufacture drugs or who offers to help produce the drugs could be charged with a crime.

In most cases, people who produce drugs can be charged with felonies. Prison sentences and fines can be doubled in the case of manufacturing that takes place near playgrounds or schools, where children may be nearby or influenced by the illegal substances.

To be convicted of this crime, it must be found that you both intended to or did manufacture drugs and possessed the drugs. This is where you and your attorney can start looking at ways to defend you. For example, if you have marijuana seeds, that's not enough proof to show that you wanted to grow the plants. However, if you have grow lamps in your home as well, then the officer may believe you intend to grow the plant and arrest you in some circumstances. In Colorado, you can grow up to six plants for non-medical use, but more than that could still lead to an arrest.

Source: FindLaw, "Drug Manufacturing and Cultivation," accessed June 24, 2016

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