Drug Manufacturing Charges

Serving All of Oregon – Portland – Beaverton – Gresham

Robert L. Sepp, Attorney at Law, provides exceptional information about laws on manufacturing drugs in Portland OR.Manufacturing illegal drugs exposes you to serious charges with mandatory minimum prison sentences. Without a lawyer who understand these types of drug charges, you will end up suffering more consequences than your specific manufacturing crime merits. The prosecution will show that you are a drug dealer. The State will attempt to show that what are ordinary common household items are in your case evidence of unlawful drug manufacturing. Such evidence can consist of a razor blade, simple digital scale, sandwich baggies or individually bagged drugs in an amount you intend for personal use.

What is a drug manufacturing charge?

A drug manufacturing charge is a result of illegally manufacturing a controlled substance–but what does manufacturing include?

  • Mixing chemicals that will become controlled substances
  • “Cooking” those chemicals to manufacture drugs
  • Possession of components that could be made into drugs
  • Offering to assist in any part of the illegal drug manufacturing process
  • Cultivation of ingredients (marijuana plants, psychedelic mushrooms, etc)
  • Possession of equipment that could make drugs
  • Separating a larger quantity of drugs into smaller amounts

The key here is illegal drug manufacturing. There are specific licenses that could allow for manufacturing, but they are controlled–hence the name “controlled substance” for a drug. If you’re operating without a license and engaging in manufacturing, you are committing a criminal act. Even if you’re about to operate illegally, you could be hit with drug manufacturing charges. The laws on manufacturing drugs are very strict and carry heavy penalties.

Penalties for Drug Manufacturing

The penalties vary depending on the type of drug and the amount that you are accused of manufacturing, if you were within 1000 feet of a school when manufacturing the controlled substance, and how many prior controlled substance drug offenses you have. These penalties also vary between the State of Oregon and the United States Federal drug laws.

Choose an Attorney with Drug Manufacturing Defense Experience

Penalties for illegal drug manufacturing can include large fines, probation, and mandatory prison. Penalties for drug crimes vary depending on whether the crime is considered a misdemeanor or felony, whether it is subject to ORS 475.900, ORS 475.925, ORS 475.930 etc. (See Below), in addition to how many prior drug convictions you have—this includes both convictions from other states and any federal charges.

Robert L. Sepp, Attorney at Law is an experienced and aggressive lawyer when it comes to charges that result from manufacturing drugs. He has successfully protected the rights of many of his clients and has had many of his clients’ charges dismissed or reduced. To find out more about the specific circumstances that can lead to manufacturing charges, contact Attorney Robert L. Sepp today.

475.900. Crime category classification for commercial drug offense

(1) A violation of ORS 475.752, 475.806 to 475.894, 475.904 or 475.906 shall be classified as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if:
(a) The violation constitutes delivery or manufacture of a controlled substance and involves substantial quantities of a controlled substance. For purposes of this paragraph, the following amounts constitute substantial quantities of the following controlled substances:
(A) Five grams or more of a mixture or substance containing a detectable amount of heroin;
(B) Ten grams or more of a mixture or substance containing a detectable amount of cocaine;
(C) Ten grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers or salts of its isomers;
(D) Two hundred or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide;
(E) Sixty grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin; or
(F) Five grams or more or 25 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of:
(i) 3,4-methylenedioxyamphetamine;
(ii) 3,4-methylenedioxymethamphetamine; or
(iii) 3,4-methylenedioxy-N-ethylamphetamine.
(b) The violation constitutes possession, delivery or manufacture of a controlled substance and the possession, delivery or manufacture is a commercial drug offense. A possession, delivery or manufacture is a commercial drug offense for purposes of this subsection if it is accompanied by at least three of the following factors:
(A) The delivery was of heroin, cocaine, methamphetamine, lysergic acid diethylamide, psilocybin or psilocin and was for consideration;
(B) The offender was in possession of $300 or more in cash;
(C) The offender was unlawfully in possession of a firearm or other weapon as described in ORS 166.270 (2), or the offender used, attempted to use or threatened to use a deadly or dangerous weapon as defined in ORS 161.015, or the offender was in possession of a firearm or other deadly or dangerous weapon as defined in ORS 161.015 for the purpose of using it in connection with a controlled substance offense;
(D) The offender was in possession of materials being used for the packaging of controlled substances such as scales, wrapping or foil, other than the material being used to contain the substance that is the subject of the offense;
(E) The offender was in possession of drug transaction records or customer lists;
(F) The offender was in possession of stolen property;
(G) Modification of structures by painting, wiring, plumbing or lighting to facilitate a controlled substance offense;
(H) The offender was in possession of manufacturing paraphernalia, including recipes, precursor chemicals, laboratory equipment, lighting, ventilating or power generating equipment;
(I) The offender was using public lands for the manufacture of controlled substances;
(J) The offender had constructed fortifications or had taken security measures with the potential of injuring persons; or
(K) The offender was in possession of controlled substances in an amount greater than:
(i) Three grams or more of a mixture or substance containing a detectable amount of heroin;
(ii) Eight grams or more of a mixture or substance containing a detectable amount of cocaine;
(iii) Eight grams or more of a mixture or substance containing a detectable amount of methamphetamine;
(iv) Twenty or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide;
(v) Ten grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin; or
(vi) Four grams or more or 20 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of:
(I) 3,4-methylenedioxyamphetamine;
(II) 3,4-methylenedioxymethamphetamine; or
(III) 3,4-methylenedioxy-N-ethylamphetamine.
(c) The violation constitutes a violation of ORS 475.848, 475.852, 475.868, 475.872, 475.878, 475.882, 475.888, 475.892 or 475.904.
(d) The violation constitutes manufacturing methamphetamine and the manufacturing consists of:
(A) A chemical reaction involving one or more precursor substances for the purpose of manufacturing methamphetamine; or
(B) Grinding, soaking or otherwise breaking down a precursor substance for the purpose of manufacturing methamphetamine.
(e) The violation constitutes a violation of ORS 475.906 (1) or (2) that is not described in ORS 475.907.
(2) A violation of ORS 475.752 or 475.806 to 475.894 shall be classified as crime category 6 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if:
(a) The violation constitutes delivery of heroin, cocaine, methamphetamine or 3,4-methylenedioxyamphetamine, 3,4-methylenedioxymethamphetamine or 3,4-methylenedioxy-N-ethylamphetamine and is for consideration.
(b) The violation constitutes possession of:
(A) Five grams or more of a mixture or substance containing a detectable amount of heroin;
(B) Ten grams or more of a mixture or substance containing a detectable amount of cocaine;
(C) Ten grams or more of a mixture or substance containing a detectable amount of methamphetamine;
(D) Two hundred or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide;
(E) Sixty grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin; or
(F) Five grams or more or 25 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of:
(i) 3,4-methylenedioxyamphetamine;
(ii) 3,4-methylenedioxymethamphetamine; or
(iii) 3,4-methylenedioxy-N-ethylamphetamine.
(3) Any felony violation of ORS 475.752 or 475.806 to 475.894 not contained in subsection (1) or (2) of this section shall be classified as:
(a) Crime category 4 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if the violation involves delivery or manufacture of a controlled substance; or
(b) Crime category 1 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if the violation involves possession of a controlled substance.
(4) In order to prove a commercial drug offense, the state shall plead in the accusatory instrument sufficient factors of a commercial drug offense under subsections (1) and (2) of this section. The state has the burden of proving each factor beyond a reasonable doubt.
(5) As used in this section, “mixture or substance” means any mixture or substance, whether or not the mixture or substance is in an ingestible or marketable form at the time of the offense.

475.925. Sentencing for unlawful delivery or manufacture of a controlled substance convictions

When a person is convicted of the unlawful delivery or manufacture of a controlled substance, the court shall sentence the person to a term of incarceration ranging from:
(1) 58 months to 130 months, depending on the person’s criminal history, if the delivery or manufacture involves:
(a) 500 grams or more of a mixture or substance containing a detectable amount of cocaine;
(b) 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers or salts of its isomers;
(c) 100 grams or more of a mixture or substance containing a detectable amount of heroin; or
(d) 100 grams or more or 500 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of ecstasy.
(2) 34 months to 72 months, depending on the person’s criminal history, if the delivery or manufacture involves:
(a) 100 grams or more of a mixture or substance containing a detectable amount of cocaine;
(b) 100 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers or salts of its isomers;
(c) 50 grams or more of a mixture or substance containing a detectable amount of heroin; or
(d) 50 grams or more or 250 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of ecstasy.

475.930. Sentencing guidelines

(1) When a court sentences a person under ORS 164.061, 475.907, 475.924 and 475.925:
(a) The court shall use the criminal history scale of the sentencing guidelines grid of the Oregon Criminal Justice Commission to determine the sentence to impose. The sentence described in:
(A) ORS 475.925 (1) shall be determined utilizing crime category 10 of the sentencing guidelines grid.
(B) ORS 475.907 (1) and 475.925 (2) shall be determined utilizing crime category 9 of the sentencing guidelines grid.
(C) ORS 164.061 shall be determined utilizing crime category 8 of the sentencing guidelines grid.
(b)(A) Notwithstanding ORS 161.605, the court shall impose the sentence described in ORS 164.061, 475.907, 475.924 and 475.925 and may not impose a sentence of optional probation or grant a downward dispositional departure or a downward durational departure under the rules of the commission.
(B) The court may impose a sentence other than the sentence described in ORS 164.061, 475.907, 475.924 and 475.925 if the court imposes a longer term of incarceration that is otherwise required or authorized by law.
(2) A person sentenced under ORS 164.061, 475.907, 475.924 and 475.925 may not receive a reduction in the term of incarceration for appropriate institutional behavior that exceeds 20 percent of the sentence imposed.

Laws on Manufacturing Drugs in Portland OR

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