Laws on Manufacturing Drugs

The manufacture of any drug, narcotic, or controlled substance is strictly prohibited except by those properly licensed by state and federal authorities. Counterfeit and illicitly manufactured drugs can be dangerous—even fatal—for consumers. Clandestine labs create physical, health, and environmental hazards. Illicit drug manufacturing also has significant ties to large domestic and international criminal organizations.

What Is Illegal Drug Manufacturing?

Many have heard of illicit drug manufacturing charges involving meth labs and large grow operations, but the list of counterfeit and illicit drugs being manufactured is constantly expanding.

Defining Manufacturing

Drug manufacturing occurs whenever a person participates in any part of the process involved in creating an illegal drug, including those prepared from naturally occurring substances (like heroin) or synthetic compounds (like meth). The term "manufacturing" refers to the production, preparation, propagation, compounding, or processing of a drug or substance.

Manufacturing activities can include mixing chemicals in preparation for creating LSD, "cooking" or producing methamphetamine, as well as growing marijuana plants. Even offering to assist in the drug manufacturing process is enough to qualify as drug manufacturing.

Distributing Precursor Materials

Drug manufacturing laws also prohibit anyone from supplying chemicals, chemical mixtures, components, or materials if the person knows or has a reasonable cause to know that the substances will be used to make illegal drugs. For example, producing meth requires specific chemical components. Anyone who supplies any of these precursor chemicals to someone who then uses them to make methamphetamine can be charged with drug manufacturing if the supplier knew or should have known the person would use them in such a way.

Cultivation of Plants

Manufacturing laws also apply to cultivating plants that produce controlled substances. Cultivation typically applies when someone is found growing marijuana plants, poppy plants, psychedelic mushrooms, or other plants used in the drug manufacturing process.

What Is Intent to Manufacture Drugs?

You can be convicted of a drug manufacturing crime even if you never actually make any illicit substances. If you merely possess the chemical components, manufacturing equipment, or other devices involved in the manufacturing of illicit drugs, you can be found guilty of manufacturing.

Federal law makes it a crime to "manufacture...or possess with intent to manufacture...a controlled substance." Most state laws are the same. (21 U.S.C. § 841 (2024).)

What Are the Penalties for Illegally Manufacturing Drugs?

Drug manufacturing penalties are often significant, with lengthy prison sentences and hefty fines possible for either state or federal violations. Drug manufacturing is often a felony offense, though it may be charged as a misdemeanor crime in some situations.

Prison Sentences

Drug manufacturing convictions can lead to prison sentences that last years or decades. Felony drug manufacturing offenses have penalties of at least one year in prison, but sentences can be as high as 10 years or more.

Many penalties are based on the amount of drugs manufactured. For example, manufacturing 5 grams or more of meth subjects a person to a 5- to 40-year federal prison sentence. If the amount of meth reaches 50 grams or more, the sentence increases to 10 years and up to life in prison. (21 U.S.C. § 841 (2024).)

Fines and Restitution

Fines for drug manufacturing can be substantial, potentially as high as $50,000 or more. Some fines reach into the six figures.

In some states, you may have to pay restitution in addition to any fines a court imposes. Restitution in drug manufacturing cases is money you have to pay to cover the costs of any damage caused by the drug manufacturing activity, or the costs for law enforcement to clean up a drug lab.

Enhanced Penalties

If convicted of manufacturing drugs, you could face an enhanced penalty if you do so under specific conditions. Some examples include manufacturing drugs near children and operating a clandestine lab. Federal law and many state laws also impose harsher penalties for repeat felony drug crimes or crimes that result in another's death or serious bodily injury from use.

Enhanced penalties can take the form of increased prison sentences and fines, additional criminal charges, increased or added supervised release terms, or elimination of sentencing alternatives (like probation) or parole options.

Speak to an Attorney

Drug manufacturing charges are extremely serious, and being convicted can mean you spend years in prison. Speak to a local criminal defense attorney if you face an investigation or criminal charges. If federal charges are on the table, find a criminal defense attorney who practices in federal court.