Drug manufacturing is one of the most serious drug crimes that people might face in New York. Drug manufacturing involves people using specific processes to create illegal drugs. Drug cultivation normally refers to growing marijuana. While this type of charge is not as serious as drug manufacturing, it can still result in incarceration and fines.
Prosecutors are required to prove that people who are accused of manufacturing drugs possessed the precursors and substances and had the intent to manufacture illegal drugs. Many of the precursors for making illicit drugs are not illegal. This means that the police look for a combination of specific precursors that together suggest that the defendants possessed the intention to manufacture drugs. For example, law enforcement officers might not arrest someone for possessing pseudoephedrine. However, if that person also had beakers and other materials needed to make methamphetamines, the police may arrest and charge him or her with manufacturing methamphetamines. Manufacturing drugs like methamphetamines, heroin, ecstasy, and other similar drugs is a felony in New York.
The cultivation of marijuana in New York is illegal. People who are caught growing marijuana plants may face a misdemeanor with up to one year in jail and a fine of $1,000. Like manufacturing crimes, the police will be unlikely to charge someone for cultivation if they possessed some seeds. However, if the person had grow lights and other equipment needed to cultivate the plants, the police may file charges.
People facing drug manufacturing or cultivation charges may benefit from hiring experienced drug crimes lawyers as early as possible. An attorney might identify problems with how the police investigated the case and tailor defenses to the charges specific to the circumstances and facts of what happened. This may help the defendant to secure a better resolution to the criminal charges against them.