Drug manufacturing in Ohio involves knowingly engaging in the cultivation of marijuana, the production of methamphetamine, or the preparation of other illegal drugs or controlled substances such as cocaine or heroin without legal authorization under Ohio Revised Code § 2925.04. This criminal offense is treated as a significant threat to public health and safety, and the penalties can be severe, depending on the substance involved and the circumstances of the offense.
Cincinnati Drug Manufacturing Defense Attorney
If you or someone you love have been charged with drug manufacturing, you need to contact an experienced criminal defense attorney immediately. Mark Wieczorek has experience defending those accused of drug-related crimes, and is ready to begin building your case.
The Wieczorek Law Firm, LLC, led by Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
Call today at (513)-317-5987 for your free case evaluation.
Drug Manufacturing Overview
- Drug Manufacturing under Ohio Law
- Penalties
- Defenses
- Additional Resources
- Hire an Attorney for Drug Manufacturing Charges
Drug Manufacturing under Ohio Law
Possession of drug manufacturing equipment, such as chemical precursors, lab apparatus, or grow lights, may also be considered evidence of intent to manufacture drugs. The statute states as follows:
(A) No person shall knowingly cultivate marihuana or knowingly manufacture or otherwise engage in any part of the production of a controlled substance.
(B) This section does not apply to any person listed in division (B)(1), (2), or (3) of section 2925.03 of the Revised Code to the extent and under the circumstances described in those divisions.
(C)(1) Whoever commits a violation of division (A) of this section that involves any drug other than marihuana is guilty of illegal manufacture of drugs, and whoever commits a violation of division (A) of this section that involves marihuana is guilty of illegal cultivation of marihuana.
Some examples include:
- Methamphetamine Production in a Home Lab: A person sets up a meth lab in their basement using household chemicals and equipment. Law enforcement discovers the lab during a search following a tip from neighbors about suspicious activity.
- Marijuana Grow Operation: An individual cultivates a large number of marijuana plants in their home or on private property without a license. The operation includes grow lights, irrigation systems, and other equipment to aid in production.
- Counterfeit Prescription Drugs: A person uses pill presses and chemical substances to manufacture fake prescription drugs like oxycodone or Xanax, which they intend to sell illegally.
Penalties for Drug Manufacturing
Drug manufacturing is considered a serious criminal offense in Ohio, and penalties vary based on the type and quantity of drugs involved, the location of the offense, and any prior criminal history. The penalties for drug manufacturing in Ohio are outlined in Ohio Revised Code § 2925.04 and can result in severe consequences, including lengthy prison sentences and significant fines.
The degree of the offense and the associated penalties depend on the specific drug being manufactured, as categorized under Ohio’s drug schedules:
Fifth-Degree Felony – Typically applies to manufacturing small amounts of lower-schedule controlled substances (Schedule III, IV, or V drugs).
- Up to a year in prison and/or
- Fines up to $2,500.
Fourth-Degree Felony – Involves larger amounts of Schedule III, IV, or V drugs or minor amounts of Schedule I or II substances.
- Up to 18 months in prison and/or
- Fines up to $5,000.
Third-Degree Felony – Includes moderate amounts of Schedule I or II controlled substances, such as cocaine or methamphetamine.
- Up to 3 years in prison and/or
- Fines up to $10,000.
Second-Degree Felony – Applies to the manufacturing of significant quantities of highly dangerous drugs (e.g., cocaine, heroin, or methamphetamine).
- Up to 8 years in prison and/or
- Fines up to $15,000.
First-Degree Felony – Reserved for large-scale manufacturing operations or production of substantial quantities of highly controlled substances.
- Up to 11 years in prison and/or
- Fines u to $20,000.
Aggravating Factors
Certain circumstances can enhance the severity of the penalties for drug manufacturing in Ohio:
- Near Schools or Public Areas: If drug manufacturing occurs within 1,000 feet of a school, park, or daycare center, penalties are elevated.
- Harmful Substances: The use of hazardous chemicals during drug production, such as in methamphetamine labs, may lead to additional environmental or public endangerment charges.
- Previous Convictions: Individuals with prior drug-related convictions may face harsher sentencing.
Collateral Consequences
In addition to prison time and fines, a drug manufacturing conviction can lead to:
- A permanent criminal record.
- Loss of professional licenses or certifications.
- Ineligibility for certain jobs or housing opportunities.
- Driver’s license suspension for up to six months to five years.
Defenses for Drug Manufacturing Charges
Facing drug manufacturing charges in Ohio does not guarantee a conviction. Defense attorneys may use several strategies to challenge the allegations, such as:
- Unlawful Search and Seizure: If law enforcement violated your Fourth Amendment rights by conducting an illegal search, evidence obtained may be inadmissible in court.
- Insufficient Evidence: If the prosecution cannot prove beyond a reasonable doubt that you were involved in manufacturing drugs, the charges may be dismissed or reduced.
- Mistaken Identity: In some cases, individuals may be wrongfully accused due to mistaken identity or proximity to criminal activity.
Additional Resources
- Ohio Revised Code § 2925.04: The statute states “No person shall knowingly cultivate marihuana or knowingly manufacture or otherwise engage in any part of the production of a controlled substance.” Read more about the statute here.
- Drug Crimes: Drug crimes in Ohio can include a variety of offenses that range from misdemeanors to felony charges. Read more about how the Wieczorek Law Firm can help you.
Hire a Lawyer for Drug Manufacturing in Hamilton County, OH
If you have been arrested for a drug crime in Ohio or suspect you are under investigation, contact the Wieczorek Law Firm. The Wieczorek Law Firm can protect your rights and advocate for you. We have extensive experience defending against these types of charges and will work tirelessly to secure a favorable outcome.
The Wieczorek Law Firm, LLC, led by Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio. Call us today at (513)-317-5987 for your free case evaluation.