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SC manufacturing Meth Charge
- Thread starter hhush
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My 17yr old caught a ride from a "friend". The car overheated, they pulled into the minute mart. My kid goes into the store buys a drink, takes a leak is in the middle of calling someone else for a ride. Cop comes in arrests him for manufacturing Meth. the owner of the car had a welding tank in the back. The physical evidence: is 1gas sivan hose 2 bottles of "clear liquid" (water remember car was overheating) and an empty welding tank. We thought this would be dropped at pretrial hearing but noooooo they just bound this over for trial. What I need is the statute that covers what makes a manufacturing charge? thanksstephenk said:
If all they had was a welding tank, hose, and a couple of bottles of water...they should be in the clear. As long as there are no related priors and no one confessed to anything. I don't have the resources to find case law for this particular situation. It would help if they can come up with a legitimate reason for having the welding tank (i.e. work related).
http://www.scstatehouse.net/code/t44c053.htm
SC Code:
§ SECTION 44-53-391.
Unlawful to advertise for sale, manufacture, possess, sell or deliver, or to possess with intent to sell or deliver, paraphernalia.
(a) It shall be unlawful for any person to advertise for sale, manufacture, possess, sell or deliver, or to possess with the intent to deliver, or sell paraphernalia.
(b) In determining whether an object is paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) The proximity of the object to controlled substances;
(3) The existence of any residue of controlled substances on the object;
(4) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of law; the innocence of an owner, or of anyone in control of the object, as to a direct violation of law shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
(5) Instructions, oral or written, provided with the object concerning its use;
(6) Descriptive materials accompanying the object which explain or depict its use;
(7) National and local advertising concerning it use;
(8) The manner in which the object is displayed for sale;
(9) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(10) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(11) The existence and scope of legitimate uses for the object in the community;
(12) Expert testimony concerning its use.
(c) Any person found guilty of violating the provisions of this section shall be subject to a civil fine of not more than five hundred dollars except that a corporation shall be subject to a civil fine of not more than fifty thousand dollars. Imposition of such fine shall not give rise to any disability or legal disadvantage based on conviction for a criminal offense.
http://www.scstatehouse.net/code/t44c053.htm
SC Code:
§ SECTION 44-53-391.
Unlawful to advertise for sale, manufacture, possess, sell or deliver, or to possess with intent to sell or deliver, paraphernalia.
(a) It shall be unlawful for any person to advertise for sale, manufacture, possess, sell or deliver, or to possess with the intent to deliver, or sell paraphernalia.
(b) In determining whether an object is paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) The proximity of the object to controlled substances;
(3) The existence of any residue of controlled substances on the object;
(4) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of law; the innocence of an owner, or of anyone in control of the object, as to a direct violation of law shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
(5) Instructions, oral or written, provided with the object concerning its use;
(6) Descriptive materials accompanying the object which explain or depict its use;
(7) National and local advertising concerning it use;
(8) The manner in which the object is displayed for sale;
(9) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(10) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(11) The existence and scope of legitimate uses for the object in the community;
(12) Expert testimony concerning its use.
(c) Any person found guilty of violating the provisions of this section shall be subject to a civil fine of not more than five hundred dollars except that a corporation shall be subject to a civil fine of not more than fifty thousand dollars. Imposition of such fine shall not give rise to any disability or legal disadvantage based on conviction for a criminal offense.
South Carolina Code, title 44:
"Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container......
The statutes as to manufacture, distribution, etc. are extensive and can be found at: http://www.scstatehouse.net/code/t44c053.htm
I suggest you read them to see what might, or might not, apply to the specifics of your sons case.
"Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container......
The statutes as to manufacture, distribution, etc. are extensive and can be found at: http://www.scstatehouse.net/code/t44c053.htm
I suggest you read them to see what might, or might not, apply to the specifics of your sons case.
JETX said:
Ok JETX so help me out here I found the below 2 statutes
Do I understand this to mean that they have to prove what the tank was intended for illigal use to convict being that there was no possesion of any drug involved? Legalese is not my favorite reading obviously!LOL Thank you.
SECTION 44-53-375. Possession, distribution, and manufacture of ice, crank, crack cocaine prohibited; penalties.
(A) A person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine, as defined in Section 44-53-110, is guilty of a felony and, upon conviction for a first offense, must be imprisoned not more than five years and fined not less than five thousand dollars. For a first offense the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years and fined not less than ten thousand dollars. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not less than ten years nor more than fifteen years and fined not less than fifteen thousand dollars.
(B) A person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver ice, crank, or crack cocaine, in violation of the provisions of Section 44-53-370, is guilty of a felony and, upon conviction:
it's all over but the cryin
SECTION 44-53-370. Prohibited acts A; penalties.
(a) Except as authorized by this article it shall be unlawful for any person:
(1) to manufacture, distribute, dispense, deliver, purchase, aid, abet, attempt, or conspire to manufacture, distribute, dispense, deliver, or purchase, or possess with the intent to manufacture, distribute, dispense, deliver, or purchase a controlled substance or a controlled substance analogue;
(2) to create, distribute, dispense, deliver, or purchase, or aid, abet, attempt, or conspire to create, distribute, dispense, deliver, or purchase, or possess with intent to distribute, dispense, deliver, or purchase a counterfeit substance.
BelizeBreeze
Senior Member
Look first under SECTION 44-53-110. Definitions. 
JETX said:
Uh, considering the info from the OP, I think defining the tank as paraph would be pretty crucial to the the situation. How is he going to be charged w/ "manufacturing" with no evidence of a controlled substance or paraph-which is defined to include objects used in manufacturing a controlled substance. Am I to assume that I can be convicted of manufacturing meth for legitimatley owning a welder? (think about it) If there is more to the original story, then this may be different. I was simply reading between the lines a little and trying to help with the defense. How much help is your post citing the the penalties?
BelizeBreeze
Senior Member
Look first under SECTION 44-53-110. Definitions.signat said:
S
seniorjudge
Guest
http://www.usdoj.gov/ndic/pubs07/717/meth.htmhhush said:
http://www.whitehousedrugpolicy.gov/publications/factsht/methamph/
Tell us EXACTLY what the police report said they were carrying.
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