6.615 — MANUFACTURING OF A CONTROLLED SUBSTANCE (SCHEDULE III & SCHEDULE IV)

Violations of "Statute 6.615" results in a Class F Felony

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(a) Definitions

Manufacturing of a controlled substance (Schedule III & Schedule IV) refers to the unlawful production, preparation, or creation of drugs classified under Schedule III and Schedule IV of the controlled substances laws. Schedule III substances have a moderate potential for abuse and accepted medical uses, such as anabolic steroids, ketamine, and certain prescription medications. Schedule IV substances are those with a low potential for abuse and accepted medical uses, including drugs like Xanax, Ativan, and Ambien. The offense involves the illegal creation or synthesis of these substances, often through illicit chemical processes or unlicensed laboratory activities.

(b) Elements

To establish the offense of manufacturing a controlled substance (Schedule III & IV), 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 III or Schedule IV.

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

3. The defendant participated in the actual creation or preparation 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 illegal.

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 III & IV) may include:

1. The defendant did not participate in the manufacturing or production of the controlled substance, and the evidence fails to establish their involvement.

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

3. The defendant was coerced or forced into manufacturing the substance under duress, and their actions were not voluntary.

4. The substances being processed were not in fact controlled substances, and the defendant was mistakenly accused based on erroneous evidence.

5. The defendant's actions were performed under the authority of law enforcement as part of a controlled investigation or operation.

(d) Aggravating Factors

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

1. The defendant manufactured a significant quantity of the controlled substance, indicating a higher level of involvement in illegal drug production.

2. The manufacturing operation involved the use of hazardous chemicals or methods that posed a danger to public safety, the environment, or the health of others.

3. The defendant was engaged in an organized or large-scale drug manufacturing operation with significant resources, such as industrial-level equipment or facilities.

4. The defendant manufactured the controlled substance with the intent to distribute it to minors or in proximity to vulnerable groups, such as near schools or daycare centers.

5. The defendant’s manufacturing activities were part of a broader criminal enterprise or drug cartel involved in trafficking controlled substances.

6. The defendant’s actions resulted in harm to others, such as exposure to dangerous chemicals, environmental damage, or public health risks.