Alabama has laws prohibiting the unlawful manufacturing of a controlled substance. This charge is often abbreviated on charging papers as “UMCS.” The large majority of manufacturing charges apply to the manufacture of methamphetamine, also known as “meth”. Even after the sever restriction on availability of the precursor chemicals necessary to cook meth, such as pseudoephedrine, meth labs are still in operation all over the State of Alabama and are prosecuted aggressively. There are two charges related to the unlawful manufacture of a controlled substance in Alabama.
Unlawful Manufacture of a Controlled Substance First Degree
UMCS I is a class A applies to those that are operating a lab to manufacture meth or any other Schedule I or Schedule II drug in Alabama, while any 2 aggravating factors are present. The vast majority of manufacturing cases in Alabama are charged as Manufacturing first degree. The aggravators, as stated in Alabama Code 13A-12-218 include: possession of a firearm, the use of a booby trap to protect the lab, the lab being within 500 feet of a residence or place of business, or a child was present while the lab was operational. UMCS first degree is a Class A felony, just like murder, armed robbery, armed burglary or trafficking, with those convicted facing from 10 years to life in prison.
Unlawful Manufacture of a Controlled Substance Second Degree
UMCS II applies to those operating a lab, where the aggravators listed in Alabama Code 13A-12-218 are not present. UMCS 2nd is covered by Alabama Code 13A-12-217, and is considered a Class B felony, punishable by up to 20 years in the penitentiary. The typical charge for manufacturing 2nd degree in Alabama involves those that are caught with the “precursor chemicals” required to manufacture methamphetamine, but do not have an operational lab. The defense attorneys at Boles Holmes White LLC can help you if you or your loved one has been accused of UMCS. Contact us today for your free consultation.