Drug Manufacturing, Production and Cultivation

Defending Criminal Drug Charges in Utah

Perhaps the only drug charge taken more seriously than drug distribution in Utah is drug production, manufacture, or cultivation. Drug possession and drug distribution are both serious charges under Utah law. But a conviction for production, manufacture, or cultivation of a controlled substance increases the potential penalties substantially.

Consequences of a Production, Manufacturing, or Cultivation Conviction

Possession of marijuana begins as a class B misdemeanor in Utah. But growing a single marijuana plant, even if it is only for personal use, begins as a third degree felony under Utah’s drug production and cultivation laws. Criminal charges for producing or manufacturing other drugs (such as methamphetamine) in Utah can be even more severe – sometimes reaching the first-degree felony level with the potential for a life prison sentence.

Possession of Precursor Chemicals

Utah’s drug production laws can sometimes apply even in cases where no drugs are produced. Possession of chemicals that can be used in the production of methamphetamine (“precursor” chemicals) without ever actually manufacturing the drug can still result in a second degree felony charge punishable by up to 15 years in prison.

While the potential penalties for illegal drug production or manufacturing are potentially severe, prosecutors and judges must still consider the specific circumstances of each case in determining how aggressively to prosecute the case or in deciding an appropriate sentence. A person growing a couple of marijuana plants for personal use is likely to be prosecuted much less aggressively than a person who is alleged to be the kingpin of a large drug manufacturing and distribution syndicate.

Finding a Utah Criminal Defense Attorney

While a Utah drug manufacturing charge is serious, there are potential defenses. Constitutional defenses, motions to suppress, actual innocence, mitigation, and other fact defenses often come into play when formulating a good defense strategy.

To determine the best way to handle your case, you should consult with an experienced defense attorney. Contact us today to see how the right attorney can make a real difference for you.