When most people think of drug manufacturing charges, they picture a clandestine lab actively producing illegal substances. However, the law allows prosecutors to bring drug manufacturing charges even if no drugs were ever made and against people who never directly took part in cultivation or manufacturing.

Possessing certain equipment or precursor chemicals, especially when combined with other evidence, can contribute to drug manufacturing charges. Allowing a property to be used for production can also lead to serious legal consequences.

However, proving drug manufacturing charges against someone who wasn’t directly involved in production can be challenging for prosecutors. Defense attorneys may argue lack of knowledge, insufficient evidence or other factors to seek a dismissal, acquittal or favorable plea agreement.

Drug Manufacturing Charges

Under both federal and Minnesota state laws, drug manufacturing refers to producing, preparing, propagating, compounding, converting or processing a controlled substance. While this definition includes the actual act of making drugs, it also extends to preparation and intent.

You can potentially face drug manufacturing charges if:

• You possess equipment or chemicals commonly used in drug production.
  
  
• You knowingly allowed a property to be used for drug manufacturing or failed to report clear evidence of illegal activity.
  
  
• You conspired with others to manufacture drugs, even if you do not directly participate.

These laws are designed to prevent drug production before it starts, but they also mean that individuals who never actually made drugs can still be charged.

Possession of Equipment or Chemicals

Possessing precursor chemicals or specialized equipment is one way people may face drug manufacturing charges, but it typically requires additional evidence of intent or production. Law enforcement agencies monitor the sale and distribution of certain chemicals commonly used to make methamphetamine, fentanyl and other drugs.

For example, possessing large quantities of pseudoephedrine (a common cold medicine), red phosphorus, lithium batteries or certain solvents can raise suspicion. Similarly, having laboratory glassware, pill presses or evaporation dishes—especially in combination—could be seen as evidence of intent.

While owning these items alone is not illegal, prosecutors will often argue that the combination of materials and circumstantial evidence proves an individual was planning to manufacture drugs.

Allowing Drug Manufacturing on Your Property

If you own or control a property where drug manufacturing occurs, you can also be charged even if you were not personally making the drugs. This applies to:

• Landlords who rent to tenants engaged in drug production.
• Homeowners who allow others to use their space for manufacturing.
• Business owners who store chemicals or equipment for drug-making operations.

Prosecutors may argue that a property owner knew or should have known about illegal drug production, particularly if there were clear warning signs. While simply failing to report suspected activity may not be enough for charges, knowingly allowing drug manufacturing or turning a blind eye to obvious evidence can lead to legal consequences.

Conspiracy to Manufacture Drugs

Another way individuals face charges without actually making drugs is through conspiracy laws. A drug manufacturing conspiracy occurs when two or more people agree to engage in drug production, even if the act never happens. For example, an individual could be charged with conspiring to manufacture a controlled substance if they:

• Discuss plans to manufacture drugs with another person.
• Purchase supplies with the stated intent of making drugs.
• Provide money, transportation or resources to facilitate drug manufacturing.

You do not need to actively participate in the production; prosecutors only need to prove you were involved in the plan.

What Evidence Do Prosecutors Need?

Because drug manufacturing charges can be brought without catching someone in the act, prosecutors must rely on other forms of evidence to prove intent. This may include:

• Possession of precursor chemicals and equipment.
• Text messages, emails or recorded conversations discussing drug production.
• Financial records showing large purchases of suspicious materials.
• Testimony from informants or co-conspirators.
• Surveillance footage or law enforcement observations.

However, proving intent is not always straightforward. If there is no direct evidence of drug production, a skilled defense attorney may be able to challenge the prosecution’s case by arguing:

• The chemicals and equipment had legitimate uses.
• There was no actual agreement or intent to manufacture drugs.
• The defendant was unaware that their property was being used for illegal activity.

Defending Against Drug Manufacturing Charges

If you are facing drug manufacturing charges in Minnesota, you may benefit from discussing your situation with a qualified private practice criminal defense attorney. A Minnesota criminal defense attorney can assess the evidence, challenge weak or circumstantial claims and fight to protect your rights.

Possible defenses may include:

• Lack of intent – Possessing legal items does not automatically mean they were intended for drug production.
  
  
• Unlawful search and seizure – If evidence was obtained illegally, it may be inadmissible in court.
  
  
• Insufficient evidence – Prosecutors must prove beyond a reasonable doubt that you intended to manufacture drugs.

Our Referral Counselors Can Connect You With a Vetted Criminal Defense Lawyer in Minneapolis–St. Paul

Facing drug manufacturing charges is never ideal, but not having actively participated in production could work in your defense. If you or a loved one is accused of drug manufacturing in Minneapolis–St. Paul area, our referral counselors can connect you with a qualified local defense attorney. 

Fill out the form on our website or give us a call at (612) 752-6699.