Did you know you can wind up facing felony-level drug charges — for not only possessing an actual drug, but for having the possible means to manufacture or cultivate a drug? However, what evidence can be used against you to determine if you were trying to make or grow the drug is where everything can become a bit murky.
The first thing to realize is that being accused of being involved in any part of the drug production process is a huge deal. You are facing potential felony charges that could result in very lengthy prison sentences and a permanent mark to your criminal record.
It should come as no surprise, but you will want to have an attorney on your side to represent you if you are facing any type of drug manufacturing or cultivation charges.
What constitutes evidence?
Unfortunately, there is not a hard and fast rule here. The idea is that if you are caught with something that could be used in the manufacturing of a drug – without having a reasonable reason to possess this — you could end up facing felony level drug charges.
For example, pseudoephedrine is a component in methamphetamine. It’s also a component in many common cold medicines. Simply possessing a box of Advil Cold & Flu is not going to send you away to jail, but having a case of the stuff in the trunk of your car along with a fish tank and what looks like some laboratory equipment is a different story entirely.
The same goes with possessing marijuana seeds. These alone are not enough of a reason to suspect someone is trying to grow their own plants. But, if someone has seeds, indoor grow lamps and hydroponic equipment, officers may make the assumption that you are in fact trying to grow your own marijuana.
Reasons to possess certain items
There are plenty of people who have legitimate reasons for owning the items they do. And while police may make an assumption of what you intend to do with an item, their assumptions could be wrong. For example, while hydroponic equipment is used for growing marijuana, it is also used for just growing all types of plants. After all, it’s not illegal to walk into a gardening store and buy the equipment for a reason.
At the end of the day, officers may not be looking at the big picture. They see what they think is a crime and take action. This is why it’s important to have legal counsel — someone who will look at the big picture — in these types of situations.