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Laws regarding drug manufacturing and cultivation

There are both federal and state statutes that prohibit the manufacturing or cultivation of illegal drugs, with some restricted exceptions in a few states regarding the production of marijuana. If convicted of drug manufacturing, South Carolina residents may be subject to stiff penalties.

If an individual is involved in any part of the illicit drug production process, he or she is considered to be manufacturing drugs. This can include selling specialized equipment to produce the drugs, selling precursor chemicals or simply volunteering to assist with the production of drugs.

Individuals accused of illegal drug production are generally charged with a felony and are at risk of receiving punishments that include incarceration, high fines and probation. If the drug production took place near playgrounds or school areas, the incarceration times and fine amounts can be doubled.

Prosecutors generally have to be able to prove that an individual possessed illicit drugs and had the intent to manufacture in order to convict someone of manufacturing or having the intent to manufacture drugs. However, the possession of a permit or authorization to possess certain items that may be used in the making of illegal drugs can be used as a defense.

There is typically little variance between state and federal drug laws, except when it pertains to marijuana. The charges and sentencing for marijuana cultivation are similar to those for the manufacturing of Schedule I drugs. States that permit recreational or medical marijuana use have different policies as to who is allowed to cultivate the drug.

A criminal law attorney may assist someone accused of drug violations by ensuring that law enforcement's investigation techniques were conducted according to the law. A lawyer may also present an affirmative defense at trial when seeking an acquittal.

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