Philadelphia Federal Drug Manufacturing Charges: Laws, Penalties and Defenses

Philadelphia Federal Drug Manufacturing Charges: Laws, Penalties and Defenses

Getting charged with a federal drug crime can be scary. Even if your just accused of a small thing like having some pills or weed for personal use, federal charges carry stiffer punishments than state charges. If your being accused of actually making drugs–even just enough for yourself–the stakes get much higher.

This article will walk you through the basics of federal drug manufacturing laws, typical penalties, and some defenses that could help you fight the charges or get a better outcome. We’ll focus specifically on how these laws apply in the Philadelphia area.

Federal vs. State Drug Charges

Most drug crimes are prosecuted at the state level. But federal law also prohibits making, selling, and possessing illegal drugs. So local, state and federal prosecutors might come after you for the same behavior.

Federal charges tend to be more serious for a few reasons:

• Harsher punishments – federal sentencing guidelines often call for longer prison terms than state laws
• Pre-trial detention – people accused of federal crimes are less likely to get bail
• Fewer opportunities for parole or early release from prison sentences

So if you have an option, you generally want to face state charges instead of federal charges.

Federal Laws Against Drug Manufacturing

There are a few main federal laws that prohibit making, selling, importing, exporting, and possessing illegal drugs:

• 21 U.S. Code § 841 – prohibits manufacturing, distributing, dispensing, or possessing controlled substances
• 21 U.S. Code § 843 – prohibits simple possession of controlled substances obtained without a valid prescription
• 21 U.S. Code § 848 – prohibits operating a continuing criminal enterprise (CCE) – basically an ongoing, large-scale drug operation

If your being accused of making drugs in Philadelphia, the main charges will probably come under 21 U.S. Code § 841. This law makes it illegal to:

• Knowingly manufacture, distribute, dispense, or possess with intent to distribute a controlled substance
• Create, distribute, dispense, or possess with intent to distribute a counterfeit substance

Maximum penalties under § 841 depend on the type and quantity of drug involved. We’ll break down typical penalties for common drugs below.

How Federal Prosecutors Determine Drug Quantities

When deciding what charges to file and how severe the penalties could be, prosecutors focus heavily on drug quantities. This includes:

• The amount of drugs actually seized as evidence (if any)
• Any statements you or witnesses make about quantities you’ve made or sold before
• The presence of equipment, ingredients, or other evidence suggesting your capable of making drugs on a larger scale

So even if they only seize a small amount of drugs from you, your facing much stiffer penalties if they think your operation was capable of producing larger quantities.

Penalties for Manufacturing Common Illegal Drugs

Federal penalties for drug manufacturing depend on the type and quantity of substance involved. Heres an overview of typical penalties for some common illegal drugs:

Marijuana Manufacturing

Under 21 U.S.C. 841(b)(1)(D), manufacturing less than 50 kilograms of marijuana carries these penalties:

• Up to 5 years in prison
• Up to a $250,000 fine
• At least 2 years of supervised release

Trafficking 50-99 kilograms bumps the possible prison term up to 20 years. Over 100 kilograms leads to a 5-40 year sentence.

Methamphetamine Manufacturing

For meth, you face:

• 5-40 years in prison for making 5-49 grams of pure meth, or 50-499 grams of meth mixture
• 10 years to life for 50 grams+ of pure meth, or 500 grams+ of meth mixture

Because meth is so addictive and dangerous, prosecutors tend to pursue stiff meth penalties more aggressively. Manufacturing other stimulants like cocaine or ecstasy leads to similar punishments.

Heroin or Fentanyl Manufacturing

Under 21 U.S.C. 841(b)(1)(B), making 28 grams or more of Fentanyl or 100 grams or more of heroin carries penalties of:

• 5-40 years in prison
• Up to a $5 million fine
• 4 years+ of supervised release

The opioid epidemic has led prosecutors to seek tough penalties for Fentanyl and heroin crimes too.

Other Consequences of a Federal Drug Conviction

Beyond time in prison, a federal drug conviction also leads to other substantial punishments including:

• Probation and supervised release – Courts usually impose strict conditions like random drug testing and monitoring during your supervision term after prison. Violating these terms leads to more jail time.
• Massive fines and fees – On top of fines imposed at sentencing, you’ll have to pay supervision costs, drug testing fees, and other expenses that quickly add up to thousands of dollars.
• Employment and licensing issues – Many employers won’t hire people with drug felonies. You may also lose professional licenses and have other career opportunities limited.
• Loss of federal benefits – A federal drug conviction makes you ineligible for public housing, student loans, food stamps, and other government benefits programs.
• Immigration consequences – Non-citizens charged with trafficking offenses often face deportation, even if they hold a green card or valid visa.

This combination of harsh prison sentences and lifelong collateral consequences make beating federal drug manufacturing charges extremely important.

Defenses to Federal Drug Manufacturing Charges

In some cases, an experienced federal drug crimes lawyer can get charges reduced or dismissed, or at least help secure a better outcome that avoids lengthy prison time. Common defenses in federal drug manufacturing cases include:

Challenging the Initial Stop or Search

If police pull you over or raid your property without good reason, any evidence they find may be excluded. This could prevent prosecutors from proving you actually had illegal drugs or manufacturing equipment.

Contesting Drug Quantities

Getting prosecutors to reduce the alleged drug quantities can substantially cut down your possible sentence. A skilled lawyer will scrutinize the evidence to make sure sentence enhancements for higher quantities aren’t applied unfairly.

Arguing You Weren’t Involved

If other people had access to the property where drugs were found, your lawyer can argue the drugs belonged to someone else, not you. This may shift blame away entirely or at least cast doubt on your role.

Seeking Drug Court or Diversion Programs

Those with no criminal history and addiction issues can sometimes get charges dismissed by completing a rehab and monitoring program. These diversion options are still rare in federal cases but open up more possibilities for better plea deals or alternative sentences.

Negotiating Reduced Charges or Sentences

Providing “substantial assistance” by testifying against or providing evidence about other drug offenders is one way to potentially get charges dropped or receive a lighter sentence. Defense lawyers may also negotiate plea deals to lesser charges with less severe penalties.

Finding the Right Federal Drug Manufacturing Lawyer

Facing federal drug manufacturing charges in Philadelphia can feel overwhelming. But an experienced attorney can help you understand the charges against you, build an aggressive defense, and get the best possible outcome.

Don’t leave your fate in the governments hands – contact a dedicated Philadelphia federal drug crimes lawyer to discuss your case in a free consultation.

Citations

21 U.S. Code § 841

21 U.S. Code § 843

21 U.S. Code § 848

Continuing criminal enterprise definition

Definition of supervised release