California Health and Safety Code 11379.6 HS prohibits every person from
- or preparing
either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance specified by law.
The full list of “controlled substances” is stated by the government under the United States “Controlled Substances Act”. The most common “controlled substances” are cocaine, heroin, ecstasy, marijuana, vicodin, LSD and methamphetamines.
California Health & Safety Code 11379.6 HS imposes criminal liability upon any person who makes available a building, room, space or enclosure for the purpose of unlawfully manufacturing, storing or distributing any controlled substance. This statute requires that the jury be instructed to find that the manufacturing was “for sale or distribution.”
The prosecutor should prove the following facts in order to prove the guilt of the defendant:
- the defendant took part in manufacturing, compounding, converting, producing, deriving, processing or preparing of controlled substances,
- the defendant made a suggestion to manufacture drugs
- the defendant did not be licensed for such activity.
In order to be found guilty of the crime of manufacturing and cultivation of a controlled substance, it is not obligatory that the process of manufacturing be completed. The crime is considered to be committed when a person knowingly participates in the initial or intermediate steps intending to process a controlled substance. Consequently, it is forbidden to engage in the synthesis, processing, or preparation of a chemical used in the manufacture of a controlled substance, even if the chemical is not itself a controlled substance. It is enough that the person knows that the chemical is going to be used in the manufacture of a controlled substance.
The defendant can be subjected to three (3), five (5), or seven (7) years in state prison and a fine not exceeding fifty thousand dollars ($50. 000).
Any person who offers to perform an act of manufacturing of controlled substances may be punished by imprisonment for three (3), four (4), or five(5) years.
In addition, there are some aggravating circumstances which enhance the penalty:
a) the fact that a person under 16 years of age resided in a structure where the commission of this crime occurred
b) the convicted will face the following additional and consecutive penalties from 3 to 25 years if the manufactured drugs or narcotics were in excessive amounts, and these were made up of either methamphetamine, PCP or GHB
c) the defendant actions caused death or injury to someone else as a result
d) the defendant has prior drug related convictions
e) the defendant is guilty of crimes having a relationship with illegally manufacturing drugs or narcotics.
There are various legal defenses that your attorney can use in order to prove your innocence, including:
- you were just a bystander
- it was used unauthorized search warranty by law enforcement agents
- and so on.
If you or your loved one is accused of committing California drug crime, you can always contact us in order to discuss your specific case and get your legal assistance. We are a client-centered professional law firm. All information entrusted us will be confidential and private.
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. We will help you to understand the various aspects of your case. We are ready to provide answers to your initial questions concerning drug charges in California for free. Do not hesitate to contact us!
You may file your request online, by telephone or by mail. 818-553-1000
CALIFORNIA HEALTH AND SAFETY CODE
11379.6. (a) Except as otherwise provided by law, every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, five, or seven years and by a fine not exceeding fifty thousand dollars ($50,000).
(b) Except when an enhancement pursuant to Section 11379.7 is pled and proved, the fact that a person under 16 years of age resided in a structure in which a violation of this section involving methamphetamine occurred shall be considered a factor in aggravation by the sentencing court.
(c) Except as otherwise provided by law, every person who offers to perform an act which is punishable under subdivision (a) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years.
(d) All fines collected pursuant to subdivision (a) shall be transferred to the State Treasury for deposit in the Clandestine Drug Lab Clean-up Account, as established by Section 5 of Chapter 1295 of the Statutes of 1987. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by the county.
 People v. Costa (91) 1 CA4th 1201, 1205-08
 People v. Jackson (90) 218 CA3d 1493, 1500-04 [267 CR 841]