North Carolina General Statute § 90-87(15) defines manufacture as “the production, preparation, propagation, compounding, conversion, or processing of a controlled substance by any means.” The term also includes any packaging or repackaging of the substance or labeling or relabeling of its container except that it does not include the preparation or compounding of a controlled substance by certain legally authorized individuals.
Under the North Carolina Controlled Substances Act, the alleged manufacture of any controlled substance is a felony offense. Convictions for such crimes can result in steep penalties that may include lengthy prison sentences.
Lawyer for Drug Manufacturing Arrests
If you were arrested or think that you might be under investigation for an alleged drug manufacturing offense in the Research Triangle, it is in your best interest to exercise your right to remain silent until you have legal representation. The Coolidge Law Firm represents clients facing drug charges throughout Wake County, including Raleigh, Cary, Apex, Wake Forest, Garner, Holly Springs, as well as students at many local institutions of higher learning such as North Carolina State University (NCSU), Wake Technical Community College (Wake Tech), Meredith College, and William Peace University.
Raleigh criminal defense attorney David Coolidge can fight to possibly get your criminal charges reduced or dismissed. You can have our lawyer provide an honest and thorough evaluation of your case as soon as you call (919) 239-8448 to take advantage of a free, confidential consultation.
North Carolina Drug Manufacturing Crimes Information Center
- How are drug manufacturing crimes graded?
- Which types of chemicals are presumed to be used for an intent to manufacture a controlled substance?
- Where can I learn more about drug manufacturing in Raleigh?
State law in North Carolina divides controlled substances into six schedules. The possible consequences of an alleged drug manufacturing crime will depend on the drug schedule that the controlled substance allegedly being manufactured falls under.
Under North Carolina General Statute § 90-95, the alleged manufacture of a controlled substance is classified as follows:
- Schedule I or II — Class H felony punishable by up to 25 months in prison; or
- Schedule III, IV, V, or VI — Class I felony punishable by up to 12 months in prison.
While methamphetamine (commonly referred to as crystal meth or just simply meth) is technically a Schedule II controlled substance in North Carolina, North Carolina General Statute § 90-95(b)(1a) establishes that the manufacture of methamphetamine is a Class C felony punishable by up to 182 months in prison. Packaging or repackaging methamphetamine, or labeling or relabeling a methamphetamine container, however, remains a Class H felony.
It is important to understand that are no minimum amounts required for a person to be charged with a drug manufacturing offense. If a controlled substance being manufactured exceeds a certain amount, however, the alleged offender could possibly be charged with a drug trafficking crime that will carry even steeper penalties.
North Carolina General Statute § 90-95(d1)(1) also makes it a Class H felony for an alleged offender to:
- Possess an immediate precursor chemical with intent to manufacture a controlled substance;
- Possess or distribute an immediate precursor chemical knowing, or having reasonable cause to believe, that the immediate precursor chemical will be used to manufacture a controlled substance; or
- Possess a pseudoephedrine product if the person has a prior conviction from any jurisdiction within the United States for the possession of methamphetamine, possession with the intent to sell or deliver methamphetamine, sell or deliver methamphetamine, trafficking methamphetamine, possession of an immediate precursor chemical, or manufacture of methamphetamine.
Additionally, North Carolina General Statute § 90-95(d1)(2) also makes it unlawful for any person to possess an immediate precursor chemical with intent to manufacture methamphetamine or possess or distribute an immediate precursor chemical knowing, or having reasonable cause to believe, that the immediate precursor chemical will be used to manufacture methamphetamine. Either of these types of offenses will be classified as a Class F felony punishable by up to 41 months in prison.
Immediate precursor is defined under North Carolina General Statute § 90-87(14) as a substance which the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services “has found to be and by regulation designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit such manufacture.” Immediate precursor chemicals that can result in the criminal charges above include immediate precursor chemicals designated by the Commission and any of the following:
- Acetic anhydride;
- Ammonium nitrate;
- Ammonium sulfate;
- Anhydrous ammonia;
- Anthranilic acid;
- Benzyl chloride;
- Benzyl cyanide;
- 2-Butanone (Methyl Ethyl Ketone);
- D-lysergic acid;
- Ergonovine maleate;
- Ergotamine tartrate;
- Ether based starting fluids;
- Ethyl ether;
- Ethyl Malonate;
- Hydrochloric Acid (Muriatic Acid);
- Sources of lithium metal;
- Malonic acid;
- Methyl Isobutyl Ketone;
- N-acetylanthranilic acid;
- Petroleum based organic solvents such as camping fuels and lighter fluids;
- Phenylacetic acid;
- Propionic anhydride;
- Red phosphorous;
- Sodium hydroxide (Lye);
- Sources of sodium metal;
- Sulfuric Acid;
- Thionylchloride; or
North Carolina Department of Agriculture and Consumer Services (NCDA&CS) | Food & Drug Protection Division Drug Program — Manufacturers of prescription drugs in North Carolina must register or license each location operating in the state annually. Visit this website to learn more about the Food & Drug Protection Division’s Drug Program. You can download drug program forms and search for drug licenses.NCDA&CS
2 West Edenton St.
Raleigh, NC 27601
Capital Area Narcotics Anonymous (NA) — NA identifies itself as “a nonprofit fellowship or society of men and women for whom drugs had become a major problem.” On this website, you can learn more about what NA is, how it works, and read NA literature. You can also view a schedule of times and locations for meetings in the Raleigh area.
Speak to a Drug Manufacturing Defense Attorney Today
Do you believe that you could be under investigation or were you already arrested for an alleged drug manufacturing crime? Do not say anything to authorities without legal counsel. Contact the Coolidge Law Firm as soon as possible.
David Coolidge is a criminal defense lawyer in Raleigh who aggressively defends residents of and visitors to Fuquay-Varina, Morrisville, Knightdale, Wendell, Zebulon, Rolesville, and many surrounding areas of Wake County including such colleges as Shaw University, North Carolina State University (NCSU), Duke University, and the University of North Carolina at Chapel Hill (UNC). Call (919) 239-8448 or complete an online contact form to schedule a free initial consultation that will let one of our attorneys review your case and help you understand all of your legal options.