Tennessee Drug Manufacturing Defense Attorney

Manufacturing of Controlled Substances

At Baker Associates, we have experience working with individuals who have been charged with drug offenses in Tennessee. Our experience includes representing clients who have been charged with manufacturing controlled substances, drug possession, selling drugs, drug trafficking, and illegally obtaining prescription drugs. We also have the experience and knowledge necessary to help you understand the complex legal issues that surround these types of cases. In fact, we will fully investigate the particular circumstances of your case and fight aggressively to achieve the most favorable outcome to these charges.

Manufacturing of Controlled Substances

Under T.C.A. § 39-17-417, it an offense for a person to,

An accusation of knowingly manufacturing a controlled substance requires the state to prove beyond a reasonable doubt that the person manufactured controlled substances with knowledge that he or she was manufacturing said substances. However, the defendant cannot successfully assert that he or she did not know that the drugs were prohibited by law. It is sufficient that the defendant knew that he or she was manufacturing a substance that so happened to be controlled. In all jurisdictions, citizens are charged with knowing the laws.

Possession can be either actual or constructive. A person who knowingly has direct physical control over a drug at a given time is in actual possession of it. On the other hand, a person who does not have actual possession but knowingly has both the power and intention at any given time to exercise dominion and control over the controlled substance is in constructive possession of it. For example, a jury could infer that a homeowner is in construction possession of crack-cocaine when, upon investigation, there is found to be a substantial amount of crack-cocaine stored in a shoe box in the homeowner's closet.

Under the law, jurors are permitted to infer intent to manufacture drugs in Tennessee from the facts and circumstances of the case along with the amount of controlled substance found in the defendant's possession. Thus, a person with less than a half-ounce of marijuana in his pocket—absent other circumstances—will likely be charged with possession and not intent to sell or manufacture.

Moreover, to be convicted of the crime, the substance in the defendant's possession must be a "controlled substance," which means a drug, substance, or immediate precursor to a drug or substance listed and described in Schedules I through VIII of T.C.A. §§ 39-17-403 through 39-17-416.

Penalties and Consequences

Penalties for manufacturing controlled substances vary depending on the schedule in which the drug being manufactured is listed and the amount/weight of the controlled substance in the defendant's possession. Cocaine, for example, is listed as a Schedule II substance. Ordinarily, a drug offense involving a Schedule II controlled substance is classified as a Class C felony, which carries a potential jail sentence between 3 and 15 years and a fine of no more than $100,000. However, cocaine is given a special exception under the code. If the amount of cocaine in the defendant's possession was greater than .5 grams, then the crime is elevated to a Class B felony, which carries a longer prison sentence. Moreover, the law also provides specific penalties for larger amounts of drugs found in the possession of the defendant. Using the cocaine example, 26 grams of cocaine or more results in a $200,000 fine and a Class B felony conviction, while possessing over 300 grams or more of cocaine results in a $500,000 fine and a Class A felony conviction.

Penalties for manufacturing a controlled substance also include a requirement for the defendant to make restitution to any governmental or private entity for the costs reasonably incurred for rendering an area safe for human use.

Protecting the Rights of Our Clients

While many factors must be taken into consideration when one is charged with a drug offense, such as quantity and whether there was intent to manufacture, much of the success of the outcome weighs heavily on the skill of the defense team. At the law offices of Baker Associates, we have worked hard to develop a good reputation within the law enforcement and legal communities. Our Tennessee drug crime defense attorneys are known for being professionals with high standards and strong determination.

If you have been charged with manufacturing drugs, or any other drug offense, the skilled criminal defense attorneys at Baker Associates, will diligently protect your rights.


Additional Drug Crime Information

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Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929

Phone: (865) 521-0001
Toll-free: (866) 853-2888

Sevier County
121 Court Avenue
Sevierville, Tennessee 37862

Phone: (865) 546-6000
Toll-free: (866) 853-2888

Washington County
300 East Main Street
Johnson City, Tennessee 37601

TN Drug Paraphernalia Defense Attorney Disclaimer: The drug manufacturing, manufacturing drugs, criminal defense, or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact an attorney at our law firm. This web site is not intended to solicit clients for matters outside of the State of Tennessee.

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