Orland Park Meth Manufacturing Lawyer

Tinley Park Drug Crimes Attorney for Charges Related to Methamphetamine Manufacturing or Equipment

Offenses related to methamphetamine ("meth") are treated very harshly by law enforcement officials in Illinois. While possession of meth is a serious enough charge, those who are accused of manufacturing methamphetamine will face more severe penalties if they are convicted. At Issa Law, LLC, we provide legal representation for people who have been accused of drug crimes related to methamphetamines or other controlled substances. We can help determine the best ways to defend against these charges and minimize the potential penalties that a person may face.

Manufacturing of Methamphetamine

Illinois prohibits the manufacturing of methamphetamine and the participation in the manufacture of methamphetamine when coupled with the intent to produce methamphetamine. The law prohibiting methamphetamine manufacturing makes no distinction between an intent, or lack of intent, to actually sell or deliver the methamphetamine.

The state bears the burden to prove that a) the person charged under this law knew they were participating in the production of methamphetamine and b) the person intended to produce methamphetamine. For example, if someone was asked to purchase a beaker for another person, and it can be shown that the person making the purchase did not know the beaker was going to be used in the process of methamphetamine manufacturing, then the person purchasing the beaker cannot be convicted under the law.

In contrast to producing or manufacturing a controlled substance, a person convicted of participating in manufacturing methamphetamine will be subject to a much harsher sentence. Anything more than 15 grams of methamphetamine production will subject the person to Class X Felony sentencing, which is non-probationable. Additionally, the fines that come along with a conviction may include the "street value" of the methamphetamine seized by law enforcement agencies, which can dwarf the statutory fines that may apply for each offense. Finally, as is the case with other methamphetamine-related offenses, prison time and fines can be doubled for any second or subsequent conviction related to a methamphetamine offense.

Aggravated Manufacturing of Methamphetamine

If any aggravating factors exist in a case involving alleged actions that constitute participation in methamphetamine manufacturing, a person can be charged with aggravated manufacturing of methamphetamine. These aggravating factors include participating in methamphetamine manufacturing in an apartment building or other multi-unit living space; producing methamphetamine in a building that holds a child, elderly individual, or pregnant woman; producing methamphetamine in a location that contains a firearm, alarm system, or dangerous animal; producing methamphetamine that leads to the death or serious bodily injury of anyone; producing methamphetamine that leads to a fire or explosion and property damage; and producing methamphetamine within 1,000 feet of a church or other houses of worship.

A person who allegedly organizes or directs the production of methamphetamine can be convicted of aggravated methamphetamine manufacturing even if they do not participate in the actual, physical act of producing the methamphetamine. This provision was enacted so as to charge the leader of a methamphetamine production scheme with aggravated methamphetamine manufacturing, making them eligible for the stiff penalty that comes with a conviction of this offense.

Upon a conviction for aggravated participation in methamphetamine manufacturing, a person must serve a mandatory minimum prison term. This is because all aggravating meth manufacturing offenses are Class X Felonies. These types of felonies do not allow probation or other types of non-prison sentences to be imposed.

Possession or Delivery of Methamphetamine Manufacturing Equipment

In addition to outlawing the possession or delivery of methamphetamine precursors, Illinois has outlawed the possession or delivery of any and all materials associated with the production of methamphetamine if the materials are being used, have been used, or will be used in the production and manufacture of methamphetamine. These materials include the chemicals, reagents, or solvents that are commonly used in methamphetamine production. However, the law also prohibits the possession of laboratory equipment that may commonly be found in high school and college chemistry classes, such as beakers, flasks, and even respirators, so long as they are related to the production of methamphetamine.

Additionally, the law specifically states that the possession or delivery of these materials is illegal if they have been used in the production of methamphetamine in the past. In this sense, if a person who manufactured methamphetamine one time years ago is found in possession of these materials, they can still be charged under the law if the state can prove beyond a reasonable doubt that they knowingly possessed these materials that were used in the past to create methamphetamine.

A first offense for possession of methamphetamine manufacturing equipment is a Class 2 felony with a potential sentence of three to seven years in prison and a maximum fine of $25,000. A second or subsequent offense is also a Class 2 felony, but the prison sentence increases to six to 14 years, and the maximum fine is $50,000. Probation may be possible for a first offense if a person does not have any previous convictions for offenses involving methamphetamine.

Possession or Delivery of Methamphetamine Precursor

Although methamphetamine precursors do have medically beneficial qualities (most commonly in allergy medications), Illinois outlaws their possession or delivery under certain circumstances. If the possession or delivery of the precursors is coupled with the intent to manufacture methamphetamine, then a person may face criminal charges. Precursors may include medicines in standard dosage form, which include capsules or pills, or in non-standard dosage forms. The penalties for possessing or delivering a methamphetamine precursor in non-standard dosages are much stiffer. However, the state may not always be able to prove that a person intended to manufacture methamphetamine with the precursor, especially when the amount is a standard dosage.

The determination of whether or not the intent to manufacture methamphetamine exists will depend on the circumstances of a given case. For example, the state would have a difficult time proving that a person possessing one small box of allergy medication that contains pseudoephedrine intended to manufacture methamphetamine if there is no other evidence. However, if one person was caught in possession of several boxes or some other non-standard dosage of that same allergy medication, along with weapons, chemicals often used in the manufacturing of methamphetamine, and scales, then the state may use this evidence to argue that the person intended to produce or manufacture methamphetamine. Additionally, as with other crimes, the state must prove that a person knew, or should have known, that they were in possession of a methamphetamine precursor.

The law not only punishes the possession of methamphetamine precursors when they are intended to be used to manufacture methamphetamine, but it also punishes the act of procuring and storing methamphetamine precursors. Therefore, a person who has been hired to go to several drug stores and buy allergy medication that contains a methamphetamine precursor can be prosecuted and convicted of the offense so long as 1) the person knew, or should have known, that the substance was a methamphetamine precursor and 2) intended that the precursors be used to manufacture methamphetamine, even if that person is not the one who is actually manufacturing the methamphetamine.

Possession of less than 15 grams of methamphetamine precursors in standard dosage form is a Class 2 felony, and Class 1 felony charges may apply if a person possesses between 15 and 30 grams. However, Class 1 felony charges will apply for between 10 and 20 grams of precursors in non-standard dosage form, and possession of more than 20 grams is a Class X felony. Penalties for a conviction can range from a few years in prison to up to 50 years in cases involving large amounts of methamphetamine precursor. Additionally, Illinois law permits a person who has been convicted of possessing methamphetamine precursors with the intent to manufacture methamphetamine a second or subsequent time to be sentenced to twofold the jail time and be fined twice the amount than what would be the case in a first methamphetamine related offense. Probation may be available in cases involving Class 1 or Class 2 felony charges, as long as a person does not have any prior violations of Illinois law related to methamphetamine.

Possession of Anhydrous Ammonia

In addition to laws against the possession of methamphetamine and its precursors, Illinois prohibits the possession and usage of anhydrous ammonia, a plant fertilizer, when it is used to manufacture methamphetamine. However, unlike methamphetamine or its precursors, the possession or usage of anhydrous ammonia is punished immediately as a Class 1 Felony, regardless of the amount possessed or used. This is due to the volatile nature of the chemicals contained in anhydrous ammonia. As with other crimes involving methamphetamine components, the state must show that there was intent to use anhydrous ammonia to manufacture methamphetamine. In some instances, the intent to manufacture methamphetamine and the possession or usage of anhydrous ammonia can be easily connected with one another. In other cases, the state may have some difficulty establishing that intent. Anhydrous ammonia is a fertilizer that is often used to help plants and crops grow. Therefore, if a farmer was found to be in possession of the chemical, without any other indication of methamphetamine manufacturing, the state will have a difficult time proving that the farmer intended to make methamphetamine. However, if a person living in a high rise apartment building in a large city is found to be possessing anhydrous ammonia, it may be reasonable to infer that the chemical was intended to be used to manufacture methamphetamine.

Keeping in line with Illinois lawmakers' strict stance on methamphetamine-related offenses, Illinois law permits a person who has been convicted of possessing anhydrous ammonia with the intent to manufacture methamphetamine a second or subsequent time to be sentenced to double the jail time and be fined twice the amount than what would be the case in a first offense.

Contact Our Will County Meth Manufacturing Defense Lawyer

If you have been arrested for manufacturing methamphetamines or other related charges, contact us at Issa Law, LLC or call 708-966-2408 and schedule a consultation today.