Manufacturing Controlled Dangerous Substances means to make or produce certain drugs on a large scale, usually requiring some kind of machinery or industrial production. Facing felony drug manufacturing charges is very serious and it is important to know the criminal defense attorney you hire is experienced in defending drug charges, specifically suppression issues, the Fourth Amendment, and holding police to the burden of lawful conduct.
The statute for Manufacturing Controlled Dangerous Substances is OKLA. STAT. tit. 63 § 2-401, which states “Except as authorized by the Uniform Controlled Dangerous Substances Act, it shall be unlawful for any person to manufacture or attempt to manufacture any controlled dangerous substance or possess any substance listed in Section 2-322 of this title or any substance containing any detectable amount of pseudoephedrine or its salts, optical isomers or salts of optical isomers, iodine or its salts, optical isomers or salts of optical isomers, hydriodic acid, sodium metal, lithium metal, anhydrous ammonia, or organic solvents with the intent to use that substance to manufacture a controlled dangerous substance.”
“Any person, upon conviction, violating the provisions of this subsection with respect to the unlawful manufacturing or attempting to unlawfully manufacture any controlled dangerous substance in the following amounts:
- 1 kilogram or more of a mixture or substance containing a detectable amount of heroin,
- 5 kilograms or more of a mixture or substance containing a detectable amount of: (1) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed, (2) cocaine, its salts, optical and geometric isomers, and salts of isomers, (3) ecgonine, its derivatives, their salts, isomers, and slats of isomers, or (4) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraphs (1) through (3) of this paragraph,
- 50 grams or more of a mixture or substance described in subparagraph (2) of paragraph b which contains cocaine base,
- 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP),
- 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD),
- 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N- propanamide,
- 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana or 1000 or more marihuana plants regardless of weight, or
- 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a dectable amount of methamphetamine, its salts, isomers, or salts of its isomers,
is guilty of aggravated manufacturing a controlled dangerous substance punishable by imprisonment in the State Penitentiary for not less than twenty (20) years nor more than life and by a fine of not less than Fifty Thousand Dollars ($50,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment. Any person convicted of a violation of the provisions of this paragraph shall be required to serve a minimum of eighty-five percent (85%) of the sentence received prior to becoming eligible for state correctional earned credits towards the completion of the sentence or eligible for parole.”
Elements of the Crime
In order to be convicted of Manufacturing Controlled Dangerous Substances in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:
1) knowingly or intentionally;
2) manufacture or attempt to manufacture;
3) the controlled dangerous substance.
Oklahoma Jury Instruction #6-3.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Manufacturing Controlled Dangerous Substances in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.
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