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MANUFACTURING CONTROLLED SUBSTANCE

MANUFACTURING CONTROLLED SUBSTANCE

Pennsylvania divides its controlled substances into schedules. The dangerousness of the substances depends on the level it falls under in the schedule. The schedules range from Schedules one to five – with the more dangerous drugs in Schedule I.

Manufacturing a controlled substance is unlawful except when authorized. To be authorized, the individual must be a licensed health care professional as defined by the statute.

Moreover, possessing larger amounts of certain drugs, like cough medicine, which is used to make meth, can be considered evidence of intent under Pennsylvania law.

Attorney for Controlled Substance Manufacturing in West Chester, PA

If you were charged with manufacturing a controlled substance, you want an experienced attorney who will fight for your rights.

Call (610) 436-1410 to learn more about defenses to manufacturing a controlled substance. Our offices are located at 15 W Gay St, 1st Floor in West Chester, PA.

Attorney Michael J. Skinner at Skinner Law Firm represents clients accused of manufacturing controlled substances under the Controlled Substance, Drug, Device, and Cosmetics Act throughout Southeast Pennsylvania in the Boroughs of Media in Delaware County, West Chester in Chester County, Lancaster in Lancaster County, and Norristown in Montgomery County.


Elements of Manufacturing Controlled Substance

The crime “manufacturing controlled substance” is defined as intentionally, knowingly, or recklessly manufacturing a prohibited drug listed under Pennsylvania’s Controlled Substance Act.

Definitions under Pennsylvania’s Statute for Manufacturing Drugs

Pennsylvania Statute 780-102 defines the term “manufacture” is defined to include the following:

  • production
  • preparation
  • propagation
  • compounding
  • conversion or
  • processing of a controlled substance, other drug or device or
  • packaging or repackaging such substance or article
  • labeling or relabeling of the commercial container of such substance

Manufacturing Methamphetamine

If the alleged substance under a manufacturing a controlled substance charge is methamphetamine, then there is a rebuttable presumption of intent to manufacture.

Under these circumstances, a rebuttable presumption of intent means that the burden is on the defendant to show that it was not his or hers intention to manufacture meth.

The find a person guilty of manufacturing meth, the Commonwealth must prove, beyond a reasonable doubt, the following:

  • the defendant was not a licensed pharmaceutical wholesaler, manufacturer, or the sales representative of a licensed manufacturer or wholesaler, or a licensed health care professional;
  • the defendant unlawfully marketed, transported, delivered, or dispensed a product containing ephedrine, or salts of optical isomers; and
  • the defendant possessed more than 40 phenylpropanolamine or any of their salt; or
  • the defendant possessed any amount of isomers or salts of optical isomers and at by precursor or reagent substances, Insulate, phosphorous, iodine, hydriodic oil or other oil containing safrole or dimethylamine, ammonium sulfate, common optical isomers of any of these substances.

Cultivating Marijuana in Pennsylvania

According to the Supreme Court of Pennsylvania, the broad interpretation of the statutory definition of “manufacture” includes growing marijuana. See. Commonwealth v. Van Aulen, 952 A.2d 1183 (2008).

Here, the Court said that growing even a small amount of marijuana just for personal usage is considered “manufacture” of a controlled substance in violation of, Controlled Substance, Drug, Device, and Cosmetic Act. This offense is also called “cultivation of marijuana” or “operating a grow house.”


Defenses for Manufacturing a Controlled Substance

Since manufacturing a controlled substance is unlawful unless it is authorized, authorization is a defense to manufacturing a controlled substance. It is the defendant’s burden to present some evidence of authorization.

Additional Resources

The Controlled Substance, Drug, Device, and Cosmetic Act – Visit the Pennsylvania General Assembly, the official website of the Pennsylvania Legislature for the full statutory language of the Controlled Substances, Drug, Device, and Cosmetic Act including the relevant section §780-113.

Doctor Requirements for Prescription Drugs – Visit the Pennsylvania Medical Society website, which describes how prescribers are required to query their system for each patient, who requests dangerous prescription drugs the first time the patient is prescribed a controlled substance. The purpose is to establish a baseline and a thorough medical record.


Finding an Attorney in Chester County, PA for Controlled Substance Manufacturing

If you were charged with manufacturing controlled substance or manufacturing meth, you want an experienced attorney who will fight for your rights. Call Skinner Law Firm to learn more about defenses to manufacturing a controlled substance. Our offices are located in Southeast Pennsylvania in Chester County.

Skinner Law Firm represents clients criminal drug manufacturing throughout the Boroughs of Lancaster in Lancaster County, Media in Delaware County, West Chester in Chester County, and Norristown in Montgomery County.

Michael Skinner
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