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Could my brother go to prison for manufacturing marijuana if he has no criminal past?

Could my brother go to prison for manufacturing marijuana if he has no criminal past?

Q: Is manufacturing and delivering a felony?

Yes, manufacturing and delivering controlled substances, including marijuana, is typically classified as a felony in many states. The severity of the felony charge can depend on factors such as the amount of the substance and any prior criminal history. Felony convictions can lead to significant prison time and fines.

Full question:

My brother was charged with manufacturing marijuana, possession with intent to sell, and deliver marijuana, maintaining a dwelling for a controlled substance and possession of drug paraphernalia after 24 young plants were discovered in his bedroom closet. He is 36 years old, very gainfully employed making $65,000 a year, and without a criminal past. He has recently been into hydroponics and was also growing all kinds of legal plants. The police found only $20 on his property but took $10,000 out of his checking account--money advanced to him by the company in Texas he was scheduled to relocate to a week later. He has an excellent lawyer and financially solvent parents, so he is getting some help. My question is the possible outcome of all of this. I am terrified that he will end up in prison. What is the maximum price he will have to pay? The whole family is upside down over this. If he is charged with a felony, he can never again work in the field in which he was trained, and his whole future is obliterated.

Category: Criminal
Subcategory: Sentences
Date: 04/07/2025
State: National

Answer:

I am unable to speculate on a penalty. Sentencing varies by state and federal laws and type and amount of drugs involved. For example, if he was charged with violation of NC statutes, the following applies to the charge of possession of more than 10 pounds of marijuana:

(1) Any person who sells, manufactures, delivers, transports, or possesses in excess of 10 pounds (avoirdupois) of marijuana shall be guilty of a felony which felony shall be known as "trafficking in marijuana" and if the quantity of such substance involved:

a. Is in excess of 10 pounds, but less than 50 pounds, such person shall be punished as a Class H felon and shall be sentenced to a minimum term of 25 months and a maximum term of 30 months in the State's prison and shall be fined not less than five thousand dollars ($5,000);

b. Is 50 pounds or more, but less than 2,000 pounds, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);

c. Is 2,000 pounds or more, but less than 10,000 pounds, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);

d. Is 10,000 pounds or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is a manufacturing and delivery charge?

A manufacturing and delivery charge refers to the illegal production and distribution of controlled substances, such as marijuana. This charge typically involves creating or growing the drug with the intent to sell or transfer it to others. The penalties for such charges can vary significantly based on the amount of the substance involved and the specific laws of the state where the offense occurred.

What is possession with intent to manufacture or deliver?

Possession with intent to manufacture or deliver means having a controlled substance, like marijuana, with the purpose of producing or distributing it. This charge indicates that the individual not only possesses the drug but also plans to sell or distribute it. The legal consequences can be severe, including felony charges, depending on the amount and type of substance involved.

Is manufacturing and delivering a felony?

What is the charge of manufacturing and delivery in Illinois?

In Illinois, manufacturing and delivering cannabis can result in felony charges. The severity of the charge depends on the amount of cannabis involved. For example, delivering more than 30 grams can lead to a Class 4 felony, while larger amounts can result in more serious felony classifications with harsher penalties, including prison time and fines.

What is the minimum sentence for possession of drug paraphernalia?

The minimum sentence for possession of drug paraphernalia varies by state. In many jurisdictions, it is classified as a misdemeanor, which can lead to fines and possibly short jail time. For example, in North Carolina, possession of drug paraphernalia can result in a maximum of 120 days in jail, but first-time offenders may receive probation or other alternatives.