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Drug Manufacturing

Ohio Revised Code § 2925.01(J) defines manufacture as meaning “to plant, cultivate, harvest, process, make, prepare, or otherwise engage in any part of the production of a drug, by propagation, extraction, chemical synthesis, or compounding, or any combination of the same, and includes packaging, repackaging, labeling, and other activities incident to production.” The amount of a controlled substance an alleged offender possesses or has manufactured is not a factor in these criminal charges, as all drug manufacturing crimes are felony offenses.

Prosecutors often present alleged offenders as being dangers to the community and aggressively pursue maximum punishments in these cases. People convicted of these offenses not only face possibly having to spend several years in prison and paying thousands of dollars in fines, but they can experience several other additional hardships because of having a felony conviction on their criminal records.

Lawyer for Drug Manufacturing Arrests in Dayton, OH

Were you arrested or do you think that you might be under investigation in the Miami Valley area for an alleged manufacture of drugs offense? Do not say anything to authorities without legal representation. Contact Joslyn Law Firm as soon as possible.

Brian Joslyn is an experienced criminal defense attorney in Dayton who represents clients accused of drug crimes all over Miami County, Montgomery County, Greene County, and Clark County. He can review your case and help you understand all of your legal options as soon as you call (937) 356-3969 to receive a free initial consultation.


Overview of Drug Manufacturing Crimes in Ohio


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Drug Manufacturing Charges in Montgomery County

Under Ohio Revised Code § 2925.04, an alleged offender commits the crime of illegal manufacture of drugs if he or she knowingly manufactures or otherwise engages in any part of the production of a controlled substance. Drug manufacturing crimes are classified as follows for any amount of the controlled substance in question:

  • Schedule I or Schedule II Controlled Substance — Second-degree felony, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile;
  • Methamphetamine — Second-degree felony, but first-degree felony if offense allegedly committed in the vicinity of a juvenile, in the vicinity of a school, or on public premises; or
  • Schedule III, Schedule IV, or Schedule V Controlled Substance — Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile.

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Dayton Drug Manufacturing Penalties

A second-degree felony illegal manufacture of a schedule I or schedule II controlled substance conviction is punishable by a mandatory prison term of up to eight years and/or a fine of up to $15,000. First-degree felony illegal manufacture of a schedule I or schedule II controlled substance offenses are punishable by mandatory prison terms of up to 11 years and/or fines of up to $20,000.

A second-degree felony illegal manufacture of methamphetamine conviction is punishable by a mandatory prison term of at least three years up to eight years and/or a fine of up to $15,000. First-degree felony illegal manufacture of a schedule I or schedule II controlled substance offenses are punishable by mandatory prison terms of at least four years up to 11 years and/or fines of up to $20,000. If the alleged offender has been previously convicted of or pleaded guilty to illegal manufacture of drugs, an endangering children violation of Ohio Revised Code § 2919.22(B)(6), or illegal assembly or possession of chemicals for manufacture of drugs, a conviction is punishable by a mandatory prison terms of at least five years up to 11 years and/or fines of up to $20,000.

A third-degree felony illegal manufacture of a schedule III, schedule IV, or schedule V controlled substance conviction is punishable by up to 60 months prison and/or a fine of up to $15,000, while second-degree felony illegal manufacture of a schedule III, schedule IV, or schedule V controlled substance offenses are punishable by up to eight years and/or a fine of up to $15,000. There is a presumption for prison in these cases, meaning that a judge may choose a prison term and/or any community sanction(s).


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Ohio Resources for Drug Manufacturing Offenses

Dayton Area Service Committee of Narcotics Anonymous (NA) — NA identifies itself as “a fellowship or society of men and women for whom drugs had become a major problem.” Visit this website to learn more about the NA program and download a meeting schedule for the Dayton area. You can also purchase literature and view a calendar for upcoming events.

State v. Molnar, 24467 (8-19-2009) — Joseph Molnar was convicted in the Summit County Court of Common Pleas for illegal manufacture of drugs, illegal assembly or possession of chemicals for the manufacture of drugs, aggravated possession of drugs, and illegal use or possession of drug paraphernalia. He was sentenced to six years in prison and ordered to serve five years of post-release control following his release. The Ninth District Court of Appeals concluded that Molnar's sentence had to be vacated due to an error in the trial court's sentencing entry with respect to post-release control, as pursuant to Ohio Revised Code § 2967.28(B), Molnar was subject to a three-year mandatory period of post-release control.


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Joslyn Law Firm | Dayton Drug Manufacturing Defense Attorney

If you believe that you could be under investigation or you were already arrested for allegedly manufacturing a controlled substance in Montgomery County, it is in your best interest to exercise your right to remain silent until you have legal counsel. Joslyn Law Firm defends individuals all over the Miami Valley area, including Springfield, Troy, Beavercreek, Dayton, Fairborn, Huber Heights, Kettering, Piqua, and several other surrounding communities.

Dayton criminal defense lawyer Brian Joslyn can fight to possibly have your criminal charges minimized or eliminated. Call (937) 356-3969 or submit an online contact form to have our attorney provide a complete evaluation of your case during a free initial consultation.


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