Just as it is a violation of state and federal law to possess a controlled substance, it is also illegal to manufacture controlled substances. In Alabama, a conviction for manufacturing illegal drugs can be a felony offense that results in a lengthy prison sentence and substantial fines.
It is important to understand that a person may be charged for manufacturing a controlled substance even if you haven't actually made an illegal drug. Under Alabama law, a person who possesses certain chemicals may be charged with having the intent to manufacture a controlled substance.
Huntsville Drug Manufacturing Lawyer
If you have been charged with manufacturing an illegal drug, you should immediately seek legal representation. Law Offices Of Segal & Segal has nearly 40 years of combined experience as both prosecutors and criminal defense attorneys in handling cases involving controlled substances.
Our firm represents clients in the greater Huntsville area who have been accused of drug crimes, including such communities as Madison, New Hope, Decatur, Albertville, Athens, and Scottsboro. Call (256) 533-4529 today or send us a message online to have us review your case and discuss your legal options during a free, confidential consultation.
Madison County Drug Manufacturing Information Center
- What laws does Alabama have for this offense?
- What are the consequences if a person is convicted of this crime?
- Are there any defenses against these charges?
Alabama Drug Manufacturing Charges
There are two specific Alabama statutes relating to the crime of manufacturing illegal drugs:
- Unlawful manufacture of controlled substance in the second degree, Code of Alabama § 13A-12-217 — It is a Class B felony if a person manufactures an Alabama Schedule I to V controlled substance, or possesses designated precursor chemicals in any amount with the intent to unlawfully manufacture a controlled substance.
- Unlawful manufacture of controlled substance in the first degree, Code of Alabama § 13A-12-218 — It is a Class A felony if two or more of the following conditions occurred in conjunction with a person violating Code of Alabama § 13A-12-217:
- Possessing a firearm
- Using a booby trap
- Illegally possessing, transporting, or disposing of hazardous or dangerous materials, or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, created a substantial risk to human health or safety or a danger to the environment
- A clandestine laboratory operation was planned to take place or did take place within 500 feet of a residence, place of business, church, or school
- A clandestine laboratory operation actually produced any amount of a specified controlled substance
- A clandestine laboratory operation was for the production of controlled substances listed in Alabama Schedule I or Schedule II
- A person under the age of 17 was present during the manufacturing process
Madison County Drug Manufacturing Penalties
If you are convicted of manufacturing a controlled substance in Alabama, you may face the following consequences, depending on your level of offense:
- Class B Felony — Prison sentence of two years up to 20 years and fines of up to $30,000
- Class A Felony — Prison sentence of 10 years up to life and fines of up to $60,000
A conviction involving the use of a firearm or deadly weapon in connection to the manufacturing charge can trigger the following penalty enhancements:
- Class B Felony — Mandatory minimum 10 years in prison
- Class A Felony — Mandatory minimum 20 years in prison
Additionally, penalties can be further enhanced under Alabama's habitual felony offender law, Code of Alabama § 13A-5-9, if the alleged offender has any previous felony convictions:
- One previous felony conviction:
- Class B felony conviction is punished as Class A felony
- Class A felony conviction is punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years
- Two previous felony convictions:
- Class B felony conviction is punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years
- Class A felony conviction is punished by imprisonment for life or for any term of not less than 99 years
- Three previous felony convictions:
- Class B felony conviction is punished by imprisonment for life or any term of not less than 20 years
- Class A felony conviction in which the alleged offender has no prior convictions for any Class A felony is punished by imprisonment for life or life without the possibility of parole, in the discretion of the trial court
- Class A felony conviction in which the alleged offender has one or more prior convictions for any Class A felony is punished by imprisonment for life without the possibility of parole
Drug Manufacturing Defenses in Alabama
Some of the possible defenses that may be used against charges of manufacturing a controlled substance include, but are not limited to:
- Drugs manufactured for personal use
- Drugs manufactured for purposes of chemical analysis, professional practice, or research
- Drugs manufactured in accordance with the Federal Food, Drug and Cosmetic Act
- Illegal search and seizure
- Illegal surveillance
- Improperly handled lab results
- No intent to manufacture or sell
Find the Best Drug Manufacturing Lawyer in Huntsville
Law Offices Of Segal & Segal fights drug charges for clients all over Huntsville and surrounding areas. We help clients in Madison County, Limestone County, Morgan County, Jackson County, and Marshall County.
Sandra Segal is a former prosecutor with the Huntsville City Attorney's Office, and Andrew Segal is a former prosecutor for the Alabama Attorney General and Madison County District Attorney. They can provide a thorough and valuable evaluation of your case when you call (256) 533-4529 or send us a message online to schedule a free, no obligation consultation.