Even though many states are legalizing or decriminalizing marijuana and other cannabis products, they remain illegal in Kentucky. People who are caught with cannabis or other drugs may find themselves facing drug possession charges and, if they have more than a certain amount, they may face charges of drug distribution, cultivation or manufacturing. In essence, drug manufacturing can be alleged when a person is involved in any way in the production process, even if their role is largely minimal. When it comes to marijuana charges, these allegations can be used even if a person is only growing a few plants largely intended for personal use.
People may face drug manufacturing charges if they purchased precursor chemicals, provided equipment or have some other connection to drug processing. Like other types of drug charges, these can carry a sentencing enhancement if the manufacturing allegedly took place near schools and playgrounds. This is true even if the drug processing took place in a person’s own home or was otherwise shielded from the presence of any children. In most cases, the state must show that a person possessed drugs but also intended to manufacture them because the equipment that could be used to make the drugs is insufficient to support this charge on its own.
People may be able to assert a defense when the charges are based on possessing certain types of equipment. Industrial and chemical suppliers may have a number of legitimate uses for products also used to create drugs, as may pharmacists and other medical professionals.
In many cases, people may have only a few marijuana plants in their homes, yet they could be hit with heavy fines, jail time and a criminal record if convicted of drug charges. A criminal defense attorney may help people to challenge police allegations and work to prevent a conviction.