Manufacturing of a Controlled Substance (MCS) includes growing plants as well as creating drugs from precursor ingredients and “cutting” or breaking down and repackaging drugs. Because the manufacture of some drugs involves the use of other controlled substances, a MCS charge can often involve additional offenses. If, for example, you are charged with manufacturing something like methamphetamine, you can also be charged for being in possession of precursor ingredients (like ephedrine or anhydrous ammonia). MCS CONVICTIONS CAN NOT BE EXPUNGED.
In order to convict you of the crime of MCS, the State must prove that (1) on or about a certain date (2) in a certain county in Oregon (3) you (4) unlawfully (5) manufactured a specified controlled substance (6) listed in Schedules I, II, III and IV of the Federal Drug Schedules.
Typically, the charges and punishments for manufacturing are the same as for Delivery of a Controlled Substance. Like delivery charges, manufacture of a controlled substance can be charged anywhere from a Class A misdemeanor to a Class A felony with punishments ranging from 6 months in jail to 20 years in prison and fines ranging from $500 to $100,000. Also like delivery charges, regardless of its original status, if you manufacture any controlled substance within 1,000 feet of a school it will be charged as a Class A Felony and you will be subject to 20 years in prison and $100,000 in fines in addition to other terms.
The state can also increase the seriousness of a MCS charge to the highest level provided for drug offenses if the prosecution alleges and proves that three or more of the following commercial drug offense factors were connected with the charged crime:
THAT YOU WERE IN POSSESSION OF
- $300 or more in cash
- packaging materials
- drug records or customer lists
- stolen property
- manufacturing paraphernalia
- 3 grams of heroin, 8 grams of cocaine, methamphetamine or hash, 110 grams of marijuana, 20 units of LSD or 10 grams of psilocybin/psilocin, or 5 grams or 25 pills of ecstasy
OR THAT YOU
- possessed or used or were an ex-con in possession of a weapon
- modified a structure to facilitate a controlled substance offense (e.g., built a grow room)
- used fortifications or dangerous security with the potential of injuring persons
- used public lands
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