In Nevada, drug crime penalties can vary, depending on many factors. This is why it can be helpful to work with a drug manufacturing defense attorney in Las Vegas if you have been arrested on a drug manufacturing charge.
If you have been charged with drug manufacturing in Las Vegas, a defense attorney with De Castroverde Criminal & Immigration Lawyers can provide you with the legal guidance and advice that can help you fight your charge and safeguard your future. We can review your legal options, possible defense strategy, and more during a free case consultation today.
What Is Drug Manufacturing?
Drug offenses are serious crimes in the eyes of the law, and drug manufacturing is no exception. A drug manufacturing offense occurs when an individual participates in any part of the process of manufacturing a drug or drugs. This includes the manufacture of controlled substances, such as ecstasy, marijuana, cannabis oil, and others.
What Is Considered Drug Manufacturing?
It’s important to note that drug manufacturing charges do not just consider those who physically produced the drug. Rather, an individual can be charged with drug manufacturing if they were involved in any part of the drug manufacturing process.
For example, if an individual sold materials and/or equipment that were involved in the manufacture of the drug, they could also be charged with drug manufacturing. In some cases, making an offer to participate in drug manufacturing can also be cause for a criminal charge.
Drug Manufacturing in Las Vegas, Nevada
Drug manufacturing is a serious offense, and in Nevada, it is a felony. This is true no matter what the controlled substance is. Moreover, understanding drug manufacturing charges can be very confusing, as the drug crime laws in Nevada are complex.
If you are convicted of drug manufacturing in Nevada, you could potentially face incarceration in state prison and heavy fines. In addition to these penalties, a felony conviction will appear on your permanent record. Having a felony on your record can have serious consequences for your future. For example, it can make it hard for you to find and maintain a job, potentially for the rest of your life.
Drug Manufacturing vs. Other Drug Offenses in Las Vegas
If you are convicted of drug manufacturing in Nevada, you will likely have to face dire penalties. These penalties, however, will vary depending on the type of drug you manufactured and how much of the drug you manufactured, as well as potential other variables.
It is important to remember that the consequences for drug manufacturing are much more severe than the consequences for drug possession. For example, if you are a first-time offender for drug possession, this would likely be classified as a misdemeanor. But if you are a first-time offender for drug manufacturing, this would likely be classified as a felony.
Understanding Drug Laws and Schedules in Nevada
According to the Controlled Substances Act (CSA), controlled substances are classified in five different drug schedules, which also applies in Nevada: Schedule I; Schedule II; Schedule III; Schedule IV; Schedule V. Accordingly, the penalties for a drug manufacturing charge vary depending on the schedule of the substance(s) and the quantity of the substance(s).
Under Nevada law, the strongest penalties for drug manufacturing charges are for the manufacture of substances that are classified as Schedule I.
Schedule I drugs are those that have been identified as having a high level of potential for abuse. Furthermore, the federal government does not accept the use of these substances in medical treatments.
Schedule I includes the following substances:
- Ecstasy (MDMA)
Please note that medical marijuana is legal in Nevada. Thus, there are specific laws, regulations, and penalties pertaining to the manufacture of marijuana in Nevada.
According to NRS § 453.166, a drug is classified as Schedule I if it:
- “Has high potential for abuse; and
- “Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.”
Like Schedule I substances, Schedule II substances are also those that have been identified as having a high level of potential for abuse. Unlike Schedule I substances, however, the federal government does allow the use of Schedule II substances in some medical treatments.
Schedule II includes the following substances:
- Methylphenidate (Ritalin)
According to NRS § 453.176, a drug is classified as Schedule II if:
- “The substance has high potential for abuse;
- “The substance has accepted medical use in treatment in the United States, or accepted medical use with severe restrictions; and
- “The abuse of the substance may lead to severe psychological or physical dependence.”
While Schedule I substances and Schedule II substances have both been identified as having a high level of potential for abuse, Schedule III substances have a lower level of potential for abuse. The federal government has authorized Schedule III substances for medical treatment.
Schedule III includes the following substances:
- Tylenol with codeine
- Anabolic steroids
- Synthetic Dronabinol
According to NRS § 453.186, a drug is classified as Schedule III if:
- “The substance has a potential for abuse less than the substances listed in schedules I and II;
- “The substance has currently accepted medical use in treatment in the United States; and
- “Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.”
Like Schedule III substances, Schedule IV substances are also authorized by the federal government for use as medical treatments. Schedule IV substances have an even lower level of potential for abuse than do Schedule III substances.
Schedule IV includes the following substances:
According to NRS § 453.196, a drug is classified as Schedule IV if:
- “The substance has a low potential for abuse relative to substances in schedule III;
- “The substance has currently accepted medical use in treatment in the United States; and
- “Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in schedule III.”
Like Schedule IV substances, Schedule V substances are also authorized by the federal government for use as medical treatments. Schedule V substances have an even lower level of potential for abuse than do Schedule IV substances.
This includes substances with small amounts of the following:
According to NRS § 453.206, a drug is classified as Schedule V if:
- “The substance has a low potential for abuse relative to substances listed in schedule IV;
- “The substance has accepted medical use in treatment in the United States; and
- “Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances listed in schedule IV.”
Is Drug Manufacturing a State or Federal Charge?
In Nevada, a person can be charged with drug manufacturing by local or state authorities. Federal authorities also have the power to arrest an individual on drug manufacturing charges.
According to federal regulations that are stipulated in 21 U.S. Code § 841, “…it shall be unlawful for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.”
Although you may be charged for the crime in Nevada, drug manufacturing can become a federal offense depending on how much of the drug was manufactured and where the drug was manufactured, among several other factors.
Understanding Property Owner Liability
When it comes to charges for drug manufacturing (whether they are state charges or federal charges), it is also important to consider property owner liability.
According to 21 U.S. Code § 856, “it shall be unlawful to—
- knowingly open, lease, rent, use, or maintain any place, whether permanently or temporarily, for the purpose of manufacturing, distributing, or using any controlled substance;
- manage or control any place, whether permanently or temporarily … and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.”
If you are charged with violating this code and committing an unlawful act, then you could face lengthy prison sentences and/or expensive fines.
Our Las Vegas Drug Manufacturing Defense Attorney Can Represent You
If you have been charged with drug manufacturing in Nevada, it can be a stressful and overwhelming ordeal. For this reason, many people seek the legal advice and guidance of a drug manufacturing defense attorney.
Working with a legal defense team can help you safeguard your future. If you are faced with a charge of drug manufacturing of any Schedule I, II, III, IV, or V drug, you could be facing long prison sentences and/or steep fines, so seeking legal guidance can be helpful.
The charges of drug manufacturing are serious. Plus, the laws on drug crimes and the drug schedules in Nevada are complex and confusing, which can make it difficult to navigate on your own. This is where our drug manufacturing defense attorney in Las Vegas can help.
We Will Protect Your Rights as We Work on Your Vegas Drug Manufacturing Case
As drug crime attorneys in Las Vegas, it is our mission to support you. This starts with understanding your story, so we take the time to talk with you to understand your goals and concerns.
Drug crimes are serious, and we take them seriously. We will thoroughly review all documents related to your arrest, such as police reports and other relevant evidence. In addition to analyzing these components of the case, we will also contact and question witnesses.
Can My Vegas Drug Manufacturing Sentence Be Shortened?
When it comes to drug crimes in Nevada, the severity of the consequences is usually based on the crime’s specific details, such as the substance that was manufactured and how much of it was manufactured.
In some cases, as drug manufacturing attorneys in Las Vegas, we can work to recommend rehabilitation programs, substance abuse treatment and monitoring, and/or other programs to reduce the length of a prison sentence and/or fines.
Call Us Today About a Drug Manufacturing Charge in Las Vegas
If you have been charged with a drug manufacturing crime in Nevada, do not hesitate to contact our legal defense team. It is our mission to defend your rights in court and minimize the charges you face so that you can receive the best possible outcome. For a free consultation, reach out to De Castroverde Accident & Injury Lawyers today.