Criminal Defense Lawyers

Can I Be Charged for Drug Manufacturing if No Drugs Were Found?

Can I Be Charged for Drug Manufacturing if No Drugs Were Found?

Being charged with drug manufacturing or production when no actual drugs are found may seem crazy. But it happens more than you’d think. So how can you be charged with making drugs if there’s no evidence of finished products? Let’s break it down.

Most states have laws against manufacturing or producing controlled substances like methamphetamine, cocaine, heroin, etc. The legal definition of “manufacturing” is pretty broad. It doesn’t just mean completing the whole process from start to finish. Things like growing, preparing, processing, compounding, converting, or packaging illegal drugs can count as manufacturing. So you don’t have to be caught with large amounts of sellable drugs to be charged.

Prosecutors can file charges if you’re caught with materials, equipment, or chemicals used to make drugs. For example, having lots of pseudoephedrine pills, lithium batteries, drain cleaner, tubing, and other meth-making ingredients could lead to charges. Even if no actual meth is found. Same goes for having equipment like pill presses, vats, heating plates, etc. used for production. Basically anything that shows intent or effort to manufacture drugs illegally.

Let’s look at some examples of how people got charged with drug manufacturing without finished products:

• Police found a garage lab with beakers, tubing, heating plates, and chemicals like red phosphorus and iodine. But no meth. The guy said he was just “experimenting.” Still got charged for attempting to manufacture methamphetamine.
• A woman’s house had jars, baggies, scales, spoons, and other paraphernalia. Plus pseudoephedrine pills and chemistry books. She claimed the stuff was from an old hobby – making biodiesel fuel. Didn’t matter. She was charged with attempting to manufacture meth.
• Police got a tip about a suspected pot grow room. They found heat lamps, irrigation equipment, fertilizer, and starter plants. But no harvested marijuana. Still enough for a manufacturing charge.
• A man ordered grow tents, lights, hydroponics and other supplies online. He was arrested when the delivery came. There were no plants yet, but he was charged based on clear intent to grow and sell weed.

As you can see, manufacturing charges can happen during any phase of the process – buying supplies, setting up equipment, starting production, etc. If the purpose is clearly to make illegal drugs, you could face charges for “attempted manufacturing” or “conspiracy to manufacture” a controlled substance.

How Strong is the Evidence?

Prosecutors know charges are harder to prove without physical drugs as evidence. So they’ll work to build a rock-solid case in other ways. Things that help support charges of manufacturing without finished products include:

• Type and quantity of chemicals/equipment – Having materials clearly meant for drug-making versus legal use. Like red phosphorus versus matches.
• Statements and admissions – Things you say about plans or activities can be used against you.
• Text messages and recordings – Communications discussing drug-making plans or sales.
• Past drug convictions – Prior charges for possession, sales, or manufacturing help build intent.
• Expert testimony – Chemists verifying the purpose of chemicals/equipment found.
• Fingerprints – Prints on drug-making materials can verify involvement.

Police and prosecutors will use evidence like this to argue: 1) you took substantial steps toward manufacturing, and 2) your intention was clearly to make illegal drugs, even if you didn’t finish. This is enough to prove “attempted” manufacturing in most states.

What are the Penalties?

Penalties vary by state but are often similar to completed manufacturing. Even without physical drugs, charges for attempting or conspiring to produce illegal substances can mean:

• – Felony charges
• – Years in prison
• – Large fines
• – Mandatory minimum sentences
• – Probation or parole
• – Loss of voting rights and other privileges

In some states, the exact penalty depends on things like:

• – Type and amount of materials involved
• – Whether minors were present or involved
• – If there was risk of fire, explosion, or environmental damage
• – If you have prior drug convictions

But overall, most attempted manufacturing charges lead to felony indictments and stiff sentences. Prosecutors and judges tend to take them very seriously.

What Defenses Can I Use?

Fighting manufacturing charges without drugs involves disproving intent. Some possible defenses include:

• Lack of knowledge – Argue you didn’t know the purpose of materials found or how to make drugs.
• No intent to sell – Claim you planned to consume any drugs yourself, not sell them.
• Entrapment – Argue police coerced you into committing a crime you wouldn’t normally do.
• False statements – Challenge any confessions or admissions you supposedly made.
• Illegal search – Move to suppress evidence from an unconstitutional search.

You’ll need an experienced criminal defense lawyer to argue one of these defenses. They can also negotiate with the prosecution, possibly getting charges reduced or dismissed through a plea bargain. Don’t wait to get legal help if you’re facing drug manufacturing accusations.

Bottom Line

It’s frustrating but true – you can be charged with manufacturing or attempting to manufacture drugs even if no finished products are found. Prosecutors can file charges based on materials, equipment, and intent alone. Penalties can be severe. So take any drug production accusations seriously and get experienced legal help right away. With a strong defense, you may be able to get charges reduced or dismissed.