Manufacture/Delivery of Controlled Substances
Oct. 19, 2022
Under California law, it is a crime to manufacture, distribute, and deliver controlled substances and illegal drugs. The penalties associated with manufacturing and delivering controlled substances can be harsh. If you have been charged with the manufacture or delivery of controlled substances, I can help.
As a criminal defense attorney at Darryl A. Stallworth Law Office, I assist clients facing drug charges in Oakland, California, and throughout Alameda County and all areas in Northern California.
Manufacturing & Delivery Under California Law
When facing charges for the manufacture or delivery of controlled substances, it is important to understand California drug laws. In California, you can face criminal charges for manufacturing a controlled substance—for preparing, producing, processing, converting, and compounding illegal drugs.
The crime of “delivery of controlled substances” refers to the actual or constructive transfer of an illegal drug to another person or persons. Given the broad definition of the crime, you can face these “delivery” charges for dispensing, selling, giving, or supplying illegal drugs to others.
However, whether you are facing manufacture or delivery charges, the prosecution must prove two things:
You had the intent to manufacture or deliver the controlled substance; and
You knew you were manufacturing or delivering a controlled substance.
But what is considered a controlled substance for the purpose of sentencing? A controlled substance is defined as a drug that can cause physical and mental dependence. A list of controlled substances that may result in manufacture or delivery charges include but are not limited to:
Hallucinogens, including LSD
Under California law, controlled substances are organized into five categories, which are also referred to as “schedules,” depending on their potential for abuse and accepted medical use.
Federal Charges for Manufacture & Delivery
In some cases, a person charged with the manufacture or delivery of controlled substances in California may face federal charges. Depending on the facts of the case, a defendant can be prosecuted in a state or federal court.
Federal charges for the manufacture and delivery of illegal drugs carry harsher penalties. As a result, a person may end up with a lengthy prison sentence and larger fines. If you or a loved one is being prosecuted for a drug-related crime in a state or federal court, you need the assistance of a knowledgeable and results-driven attorney.
At Darryl A. Stallworth Law Office, I help people facing drug-related charges, including the manufacture and delivery of controlled substances. Let’s work together to build a strong defense, reduce potential penalties, or seek to avoid a conviction altogether.
In California, the manufacture and delivery of a controlled substance are felony offenses and are associated with lengthy prison sentences and hefty fines. In some cases, the judge may choose probation in lieu of imprisonment. Possible penalties for manufacturing or delivering controlled substances depend on the circumstances of the offense, the substances involved and their amount, the defendant’s criminal record, and whether any aggravating factors exist.
Defenses to Manufacture/Delivery of Controlled Substances
The prosecution must prove that the defendant intended to manufacture or deliver the controlled substance and knew what they were doing. Thus, a common defense to manufacture/delivery of controlled substances charges is the lack of intent. Depending on the facts of your case, you may also be able to argue that law enforcement violated the search and seizure protocols or your constitutional rights.
It's important to contact a skilled criminal defense attorney who will collect and present convincing evidence aimed at challenging the prosecutor’s case.
Take Legal Action Today
If you are facing charges for the manufacture or delivery of controlled substances, you need to take legal action to protect your future. Your freedom is on the line if you are accused of manufacturing or delivering illegal drugs in California. As a criminal defense lawyer at Darryl A. Stallworth Law Office, I am committed to providing an effective defense to each client I represent. Contact my office in Oakland, California, to discuss your case.