6.614 — MANUFACTURING OF A CONTROLLED SUBSTANCE (SCHEDULE I & SCHEDULE II)

Violations of "Statute 6.614" results in a Class E Felony

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(a) Definitions

Manufacturing of a controlled substance (Schedule I & Schedule II) refers to the unlawful production, creation, or synthesis of drugs classified under Schedule I and Schedule II of the controlled substances laws. Schedule I substances are those with a high potential for abuse and no accepted medical use, such as heroin, LSD, or ecstasy. Schedule II substances, while having a high potential for abuse, have accepted medical uses, such as cocaine, methamphetamine, and certain prescription opioids. The offense involves the creation or preparation of these drugs, often through illegal chemical processes or laboratory operations.

(b) Elements

To establish the offense of manufacturing a controlled substance (Schedule I & II), the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant knowingly and intentionally engaged in the manufacturing or production of a controlled substance classified under Schedule I or Schedule II.

2. The defendant possessed the necessary chemicals, equipment, or substances required to manufacture the controlled substance.

3. The defendant engaged in the actual synthesis, preparation, or creation of the controlled substance, either individually or with others.

4. The defendant knew or should have known that the substance being manufactured was classified as a controlled substance and that its production was unlawful.

5. The manufacturing activity was not authorized by law, and the defendant intended to produce the substance for illegal distribution or personal use.

(c) Defenses

Defenses against a charge of manufacturing a controlled substance (Schedule I & II) may include:

1. The defendant did not engage in any manufacturing activity, and the evidence does not support their involvement in the creation or production of the controlled substance.

2. The defendant lacked the knowledge that the substances they were using or processing were controlled substances or that their actions were unlawful.

3. The defendant’s manufacturing activities were carried out under duress or coercion, such as being forced to manufacture the drugs against their will.

4. The defendant was involved in an undercover operation or law enforcement task that involved the controlled substances, and their actions were authorized by the authorities.

5. The substances in question were not in fact controlled substances, or the defendant was mistakenly charged based on incorrect evidence.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

1. The defendant manufactured a large quantity of the controlled substance, suggesting a higher level of involvement in illegal drug production or trafficking.

2. The manufacturing operation involved the use of dangerous or hazardous chemicals or processes that put others at significant risk of harm.

3. The defendant was involved in a sophisticated drug manufacturing operation, using advanced equipment, chemicals, or methods to produce large amounts of the controlled substance.

4. The defendant was manufacturing the controlled substance for distribution to minors or in a manner that endangered vulnerable populations, such as in schools or near daycare centers.

5. The defendant's manufacturing activities were part of an organized criminal enterprise or drug cartel, suggesting a larger-scale operation with significant resources.

6. The defendant's actions resulted in harm to others, such as causing environmental damage, public health risks, or explosions from unsafe manufacturing practices.