In order for law officials in Virginia to determine that you are manufacturing drugs, they must first catch you in possession of the drugs or equipment to manufacture, and prove that there is an intent to manufacture or cultivate the drugs. This means that owning marijuana seeds or possessing a high quantity of pseudoephedrine, which is used in the production of methamphetamine, may not be enough; they may also need proof such as laboratory equipment to prove that you had an intent to manufacture the drugs as well.
Things can get further complicated when you consider the fact that much equipment and even materials that are often used in the manufacturing of illegal drugs could also be used for legal purposes as well. One may be able to avoid the charges if they can provide a permit showing permission or authorization to own the supplies or equipment.
With marijuana slowly becoming legal in some states, both for medicinal and recreational purposes, things can get tricky. This is especially true given the fact that it is still illegal on a federal level, although not always enforced.
Typically, drug manufacturing crimes are treated as a felony, and often come with steep fines, probation and substantial time in prison. These charges may be significantly raised if one is caught near a playground or school. If you are facing drug charges, it may be in your best interests to reach out to a criminal defense attorney to see what can be done to fight the charges.
Source: FindLaw, “Drug Manufacturing and Cultivation,” Accessed, May 9, 2017