Drug offenses. Manufacture
Information on drug offenses. Manufacture:
- MCM, pt. IV, 37c(4) states: “Manufacture” means the production, preparation, propagation, compounding, or processing of a drug or other substance, either directly or indirectly or 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 such substance or labeling or relabeling of its container. The term “production” as used above includes the planting, cultivating, growing, or harvesting of a drug or other substance.
- The definition is drawn from 21 U.S.C. § 802 (14) and (21).
- Psilocybin mushrooms. Appellant planted spores from “magic mushroom” kit, but they failed to germinate. For the offense to be complete, the controlled substance must be present in the cultivated planting. Here, appellant is guilty only of an attempt to produce a controlled substance. Appellant ordered the “magic mushroom” kit, followed the instructions, and planted the spores with the specific intent of growing the contraband, acts that amounted to more than mere preparation. United States v. Lee , 61 M.J. 627 (C.G. Ct. Crim. App. 2005).