Manufacturing drugs in Illinois can result in harsh penalties and collateral consequences. So, pleading guilty may not be a defendant’s best option, even if there seems to be enough evidence for a conviction.
A person facing charges should know these facts about the Illinois Controlled Substances Act.
The statute includes the following actions in the manufacture of a controlled substance (excluding methamphetamine):
Any of these actions include extracting the controlled substance from a substance of natural origin, or it could refer to chemical synthesis or a combination of both. Packaging, repackaging or putting a label on a container of the substance may also count as manufacturing the drug.
Illegal manufacturing does not include the preparation of a substance for personal use or actions that a professional performs in the course of practice or for research, education or analysis.
How much and what kind of drug the charges refer to make a big difference in how long prison sentences will be, and how high the fines. A manufacture offense is a Class 4 felony, and a person may receive, at best, probation or conditional discharge, and at most, three years in prison. Each offense may result in a $25,000 fine.
A defendant may argue that he or she intended the drugs for personal use, or in the course of professional practice, education, research or analysis. In rare cases, entrapment, insanity or duress may be valid defenses.