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Can I Go to Prison for Manufacturing DMT in California?

A white powder, needle, and prescription drugs sitting together on a tabletop.

Earlier this year, authorities executed a search warrant at a man’s home in Sacramento. According to a Department of Justice press release, law enforcement found a lab in the man’s home that he was allegedly using to manufacture N,N‑Dimethyltryptamine (DMT), which is a Schedule I controlled substance.

Reportedly, the man traveled to Hawaii to obtain the materials he used to allegedly create the DMT. While executing the search warrant, authorities also discovered that the man had a firearm in his possession. The man has five felony convictions on his record, which prohibits him from possessing firearms.

This week, a federal grand jury returned an indictment against the man. They charged him with manufacturing a controlled substance (DMT) and being a felon in possession of a firearm. If convicted, the man is facing up to 15 years in prison and a fine of up to $250,000 for the firearms charge and up to 20 years in prison for the manufacturing a controlled substance charge.

What Are the Penalties for a Conviction for Manufacturing DMT in California?

The punishments for manufacturing a controlled substance, such as DMT, in California are severe, including the following:

  • Up to 7 years in state prison
  • Up to $50,000 in fines

These sentences can be even harsher is other factors are considered, including prior convictions, whether minors were impacted/involved, if a death resulted from the crime, and the number of drugs that were manufactured.

Defenses for manufacturing a controlled substance charges can include:

  • Lack of knowledge – You were unaware that what you were manufacturing were controlled substances.
  • No manufacturing occurred – Your operation never reached the manufacturing stage.

There is also another sentencing option besides prison time that is available for nonviolent offenders. It is called drug diversion. It allows nonviolent offenders to complete a drug rehabilitation program instead of serving time in prison.

To learn more about what to do if you’re charged with manufacturing a controlled substance in California, or to speak with our experienced criminal defense lawyers in Santa Barbara, call Appel & Morse at (805) 467-6060 or reach out to us online today for a free consultation.

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