Meth Lawyer

Manufacturing Methamphetamine in Chester County

A defendant could be charged multiple times and under multiple statutes for manufacturing meth. A defendant could not only be charged with manufacturing, but also for possessing drug paraphernalia or for manufacturing meth in the same place where a minor resides.

Signs that a person is manufacturing methamphetamine may include possessing a lot of cold medicine containing the key ingredient Pseudoephedrine. This chemical, “Pseudoephedrine,” is used to make meth.

The charges for meth in Pennsylvania range from a misdemeanor for paraphernalia to a felony for manufacture. Talk an attorney who has experience handling serious drug crime cases for more information about your case.

Elements Of Manufacturing Methamphetamine Under Statute §780-113.4

Manufacturing a controlled substance, such as meth, is subject to criminal penalties under Statute §780-113.4. The prosecutor must prove, beyond a reasonable doubt, the following elements:

• The defendant caused a chemical reaction involving ephedrine, pseudoephedrine or phenylpropanolamine, or any other precursor or reagent substance, that is, liquefied ammonia gas, red phosphorous, hypophosphoric acid, ammonium sulfate, phosphorous, iodine, hydriodic acid, ephedrine, pseudoephedrine, lithium, sodium, potassium, sassafras oil, safrole oil or other oil containing safrole or equivalent, whether in powder or liquid form, phenylpropanolamine, phenyl acetone, methylamine, ammonium sulfate, ammonium nitrate, or phenyl acetic acid or the esters, salts, optical isomers, or salts of optical isomers of any of these substances;
• The defendant did so for the purpose of manufacturing methamphetamine or preparing a precursor or reagent substance for the manufacture of methamphetamine; and
• The defendant did so knowingly, that is, that the defendant was aware that it was practically certain that his or her conduct will cause such a result.

Additionally, the charges are more severe if the defendant is found to have committed this violation within 1,000 feet of a public, private, or parochial school, a college or university, or a nursery school or day-care center, or within 250 feet of a recreation center or playground.

Potential Defenses For Manufacturing Meth

The defense of authorization, which is the defense for criminal charges for manufacturing controlled substance, is also a valid defense used for manufacturing meth under Pennsylvania law.

In order to prove the defense of authorization, the defendant must show some evidence that he or she was legally authorized to engage in using any of the prohibited substances in a way that would suggest meth manufacturing.

Signs of Meth Manufacturing in Pennsylvania

An individual can be criminally charged for possessing drug paraphernalia under Pennsylvania law as well.

Under Section §780-113(a)(32), the use of, or possession with intent to use, drug paraphernalia for the purpose of manufacturing a controlled substance is a misdemeanor punishable by up to one (1) year in prison and up to a $2,500 fine.

Some signs of drug paraphernalia possession include the following:

• large quantities of cold medicine
• chemical smells, such as paint thinner or a ‘hospital smell’
• certain equipment like rubber tubing, funnels, pyrex glass or containers, white powdery residue, or plastic soda bottles

Contact Skinner Law Firm

If you were charged with manufacturing meth in West Chester in Chester County, Pennsylvania, then talk to an attorney who will fight for your rights.

Attorney Michael J. Skinner of Skinner Law Firm represents clients accused of misdemeanor and felony drug offenses throughout the Boroughs of Norristown in Montgomery County, Lancaster in Lancaster County, West Chester in Chester County, and Media in Delaware County.

Call (610) 436-1410 to learn more about defenses to manufacturing a controlled substance.