California has strict laws that punish crimes involving drugs or controlled substances. Manufacturing drugs is punished by California Health and Safety Code 11379.6. You commit a manufacturing drugs crime when you produce, convert, prepare, or process a controlled substance. Most drugs are classified as controlled substances, meaning the government regulates their manufacture and use.
If found guilty, you can face penalties, including heavy fines and jail time. You could be charged under HS 11379.6 even if you did not complete the drug manufacturing process. The court can still convict you if your involvement in the initial or intermediate stages is evident.
If you are accused of manufacturing drugs in Anaheim, California, it is vital to seek legal guidance. At California Criminal Lawyer Group, we understand the severe consequences of a drug crime conviction. We will help you understand the charges against you and assist you in building a solid defense to fight the allegations. Our dedicated team is committed to assisting clients who need guidance and legal representation in battling drug crime charges.
Legal Meaning Of Manufacturing Drugs
Under California HS 11379.6, manufacturing drugs or a controlled substance is a serious crime involving the unlawful production, synthesis, or cultivation of drugs or substances regulated and classified as controlled substances.
The Element That The Prosecution Must Prove In Court
Before securing your conviction for manufacturing a controlled substance, the prosecution must show several elements beyond a reasonable doubt. These elements include:
- You engaged in producing, synthesizing, or cultivating controlled substances. The acts can include manufacturing drugs, extracting or refining chemicals to produce drugs, or cultivating plants used for drug production.
- You knew the substance's nature and knew you were involved in the manufacturing process. It is insufficient for the prosecution to show mere association or your presence at a location where drugs are being manufactured.
- The substance being manufactured falls within the legal definition of a controlled substance.
The Legal Definition of A Controlled Substance
Controlled substances are drugs or substances whose manufacture, possession, distribution, and use are regulated by law due to their potential for abuse, addiction, and harm to individuals and society. These substances are classified into different schedules depending on their medical uses, abuse likelihood, and accepted safety standards. The classification system helps to determine the level of control and penalties associated with each substance.
The Drug Enforcement Administration (DEA) categorizes controlled substances into five schedules, including:
- Schedule I: These substances have a high abuse potential and are not used for medical purposes. They are considered the most dangerous. For example, ecstasy, heroin, marijuana (under federal law), and LSD.
- Schedule II: Substances in this category are likely to be abused but could be used for medical purposes with severe restrictions. They can result in severe physical dependence. Examples are methamphetamine, fentanyl, cocaine, oxycodone, and Adderall.
- Schedule III: These substances have a lower potential for abuse than Schedules I and II, and they have accepted medical uses. They may still lead to moderate, low, or high physical dependence. Examples include anabolic steroids, ketamine, and some barbiturates.
- Schedule IV: Substances in this category have a lower probability of abuse than those in Schedule III and have accepted medical uses. They may lead to limited physical or psychological dependence compared to the previous schedules. Examples include Xanax, Valium, and Ambien.
- Schedule V: These substances have a lower probability of abuse than Schedule IV ones and have accepted medical uses. They have the lowest potential for dependence among controlled substances. Some examples are cough medicines with codeine and particular anti-diarrheal medications.
Fighting Your Manufacturing Drugs Charges
When you are facing charges for manufacturing drugs, you can mount a defense with the help of your defense attorney. Defenses you could use include:
You Were Only Involved in Preparatory Acts
One defense strategy is to argue that you were only involved in preparatory acts rather than actual drug manufacturing. Preparatory acts refer to actions preliminary to the manufacturing process but fall short of actual production.
Your attorney can show that you had not taken substantial steps toward manufacturing drugs and that your involvement was limited to preparations that did not cross the legal threshold.
For example, if the prosecution claims you were in possession of certain chemicals or equipment commonly used in drug manufacturing, your defense attorney could assert that their intended use was not for illegal drug production but for legitimate purposes such as research, hobbyist activities, or other lawful endeavors.
Unlawful Police Search And Seizure
Your attorney can challenge the legality of the search and seizure conducted by law enforcement. They could do this by examining whether the search warrant if one was obtained, was properly executed. Also, your lawyer could help determine whether the evidence collected was done per your constitutional rights.
If your attorney can establish that law enforcement violated your Fourth Amendment rights through unreasonable searches and seizures, they may file a motion to suppress the evidence. If the court rules in your favor, the prosecutor's case may significantly weaken due to the exclusion of crucial evidence, making it harder for them to prove the charges against you.
Police entrapment happens when law enforcement induces or encourages you to commit a crime you would not have otherwise committed. It could be a viable defense strategy if your attorney can demonstrate that law enforcement officers or informants pressured, coerced, or enticed you into manufacturing drugs.
To prove entrapment, your attorney may gather evidence showing that you had no predisposition or intent to engage in drug manufacturing and only did so due to law enforcement's undue influence or persuasion. Successfully raising an entrapment defense could result in the dismissal of charges or a reduction in the severity of the penalties.
It can serve as a strong defense if you establish that you had no direct involvement or participation in the alleged drug manufacturing activities. Your attorney may present evidence, such as witness testimonies, surveillance footage, or alibi evidence, to show that you were not present at the location or involved in any activities related to drug manufacturing at the time in question.
You could mount this defense when the prosecution has mistakenly identified you as the individual involved in drug manufacturing. Your defense attorney can scrutinize the identification procedures, witness testimonies, and other evidence to uncover any inconsistencies or discrepancies that may suggest a case of misidentification.
Punishment for an HS 11379.6 Conviction
A California HS 11379.6 violation is considered a felony drug crime. If convicted of violating HS 11379.6, you could face a prison sentence of three, five, or seven years. The exact duration of your imprisonment will depend on your case's circumstances and the judge's discretion. In addition to imprisonment, you may be subject to a fine not exceeding $50,000.
Several aggravating factors can influence the severity of your sentence if you are convicted of violating HS 11379.6. These factors include:
- Quantity of Drugs: Being involved in manufacturing a large quantity of drugs could lead to a more severe sentence. The greater the quantity, the more likely the judge will consider this an aggravating factor.
- Presence of a Child: The law protects children from exposure to illegal drug activities. If a child below 16 years of age lived where the drugs manufacturing occurred, it could contribute to a harsher sentence.
- Criminal History: Previous drug convictions may increase the likelihood of more stringent punishment. If your criminal record includes prior drug offenses, it can be seen as an aggravating factor.
- Serious Harm or Death: If someone else sustained serious injuries or died due to the drug's manufacturing, it would significantly impact your case. This tragic outcome can lead to severe consequences and potentially harsher sentencing.
Diversion programs offer alternatives to traditional criminal prosecution by providing rehabilitation and probationary opportunities. However, due to the serious nature of manufacturing drugs, these diversion programs are generally not applicable in such cases.
Can an HS 11379.6 Result in Deportation
Manufacturing drugs is considered a "crime involving moral turpitude" (CIMT). Such a crime could have serious ramifications if you are an immigrant. Being involved in a crime of moral turpitude can lead to deportation or being deemed inadmissible if you are an immigrant. This means that your immigration status may be jeopardized, potentially resulting in your removal from the country.
Moreover, manufacturing a narcotic is classified as an aggravated felony in California. As a consequence, being deported for an aggravated felony is not discretionary but rather mandatory. This means that if you are convicted of a manufacturing offense, deportation is almost inevitable.
Having an HS 11379.6 Conviction Expunged
Expungement is a legal process that allows for the dismissal and sealing of certain criminal convictions from an individual's record. It allows individuals to move forward with a clean slate as the conviction is no longer considered a public record. Expungement can have various benefits, such as improving employment prospects and reducing the stigma associated with a criminal record.
However, not all convictions are eligible for expungement. Certain offenses, such as those involving violent or drug offenses, may be excluded from expungement eligibility. The specific laws and criteria for expungement vary by jurisdiction, and in the case of Health and Safety Code 11379.6 HS, expungement may not be a viable option.
How a Manufacturing Drug Conviction Affects Your Gun Rights
Under both state and federal laws, specific categories of individuals are prohibited from possessing firearms. These include individuals convicted of felonies, certain domestic violence offenses, and crimes involving controlled substances. California HS 11379.6 falls into the category of crimes that can impact your ability to legally possess firearms.
Your gun rights will likely be affected if you are convicted of violating HS 11379.6. You may be prohibited from owning, possessing, or purchasing firearms. The specific restrictions and duration of the prohibition may vary based on the severity of the offense, your criminal history, and the applicable state and federal laws.
Related Offenses to Manufacturing Drugs
Below are a few offenses closely linked to Manufacturing Drugs:
Possession Of A Controlled Substance, Health and Safety Code 11350
Possession of a controlled substance is punishable under HS 11350. To secure a conviction for possession of a controlled substance, the prosecution should show the following elements beyond a reasonable doubt:
- You unlawfully possessed a controlled substance.
- You had knowledge of the substance’s presence.
- The substance was indeed a controlled substance as defined by law.
The penalties for possession of a controlled substance may include:
- Misdemeanor Conviction: Up to one year in county jail or a maximum fine of $1,000.
- Felony Conviction: 16 months, two years, or three years in county jail or a maximum fine of $20,000.
When facing charges of possession of a controlled substance, there may be viable defenses that can help challenge the allegations. Some common defenses include:
- You had a valid prescription for the substance.
- Challenging the accuracy of the crime lab analysis or testing methods used to identify the substance.
- You were unaware that you possessed the controlled substance.
- The evidence was obtained through an illegal search or seizure.
Operating a Drug House, HS 11366
Under Health and Safety Code 11366, the court cannot convict you before the prosecution proves the following elements beyond a reasonable doubt:
- You knowingly kept or maintained a place to unlawfully manufacture, store, distribute, or use a controlled substance.
- You had control over the premises or had the authority to exercise control over the premises.
- You knew that the premises were being used for unlawful drug-related activities.
Operating a drug house is typically charged as a felony offense, which can result in imprisonment in state prison for up to three years.
Renting a Space for the Distribution of a Controlled Substance – HS 11366.5
To establish a conviction for renting a space for the distribution of a controlled substance, the prosecution should prove the following elements beyond a reasonable doubt:
- You knowingly rented, leased, or made available for use a building, room, space, or structure to be used to unlawfully manufacture, store, or distribute a controlled substance.
- You had knowledge or reasonable cause to believe that the premises would be used for such unlawful activities.
Renting a space to distribute a controlled substance is typically charged as a felony offense, which can result in imprisonment in state prison for three, four, or five years.
Possessing Materials for the Manufacturing of Controlled Substances, HS 11383
To establish a conviction for possessing materials for the manufacturing of controlled substances, the prosecution must show the following elements:
- You possessed a chemical, substance, or piece of equipment that is used or intended to be used for manufacturing or producing a controlled substance.
- You knew the nature of the substance or equipment and intended to use it for manufacturing or producing a controlled substance.
If convicted, the accused person may face imprisonment for 16 months, two years, or three years.
Money Laundering from Drug Proceeds, HS 11370.9
The prosecution should show the following elements before the court can convict you:
- You knowingly conducted or attempted to complete a financial transaction.
- The financial transaction involved drug proceeds or was intended to promote drug-related activity.
- You knew the financial transaction involved drug proceeds or was designed to further drug-related activity.
- You engaged in the financial transaction intending to promote, further, or conceal the source of the drug proceeds or drug-related activity.
Money laundering from drug proceeds is typically charged as a felony crime. If convicted, the accused person may face a prison term of up to four years. In money laundering cases, the court may order the forfeiture of assets or property involved in the offense. This can include funds or property derived from the drug proceeds or used in the money laundering scheme.
When facing charges for money laundering from drug proceeds, several defenses can be employed based on the case's specific circumstances. Examples of legal defenses include:
- Lack of Knowledge: If there is insufficient evidence to prove that you knew the illegal origin of the funds or the intent behind the financial transaction, it may weaken the prosecution's case.
- Lack of Intent: Demonstrating that you did not intend to promote, further, or conceal the source of the drug proceeds or drug-related activity can be a valid defense.
- Insufficient Evidence: Contesting the sufficiency of the evidence presented by the prosecution can be an effective defense strategy. This could involve challenging the admissibility or credibility of the prosecution’s evidence or presenting explanations for the financial transactions in question.
Possession for Sale Of A Controlled Substance, HS 11351
Health and Safety Code 11351 is the statute that punishes possession for sale of a controlled substance. For the prosecution to obtain a conviction for possession or sale of a controlled substance, they must prove the following elements beyond a reasonable doubt:
- You unlawfully possessed a controlled substance.
- You knew of its presence.
- The substance was indeed a controlled substance as defined by law.
- You possessed the substance with the intent to sell it.
If found guilty of violating HS 11351, potential sentencing includes imprisonment in state prison for two, three, or four years. Your defense lawyer could help with defending your charge through solid strategies such as:
- You possessed the controlled substance solely for personal use and not for sale.
- You did not possess the controlled substance with the intent to sell it.
Sale of a Controlled Substance, HS 11352
Per Health and Safety Code 11352, the prosecution must demonstrate the following elements:
- You sold, administered, furnished, transported, gave away, or imported a controlled substance.
- You were aware of the substance's presence.
- The substance was indeed a controlled substance as defined by law.
- You had knowledge of the nature of the substance.
An HS 11352 conviction could result in imprisonment for two, three, or four years. You want to build solid defense strategies to fight your charges. Examples of defenses are:
- Insufficient evidence.
- Police entrapment.
- Lack of knowledge.
Frequently Asked Questions (FAQs) for Manufacturing Drugs
If you find yourself curious about the implications and consequences of manufacturing a controlled substance in California, below are answers to the frequently asked questions:
What is Partial Manufacture?
Partial involvement in manufacturing can lead to criminal charges if you know the drug being produced is illegal. You do not have to be involved in every stage of the manufacturing process from beginning to end to be held liable. As long as there is awareness of the illegal nature of the drug, even a minor role can result in potential legal consequences.
On the other hand, manufacturing chemical precursors—substances that can be used to produce illegal drugs—presents a more complex situation.
For example, in a meth lab case in California, one defendant extracted ephedrine and pseudoephedrine, which are necessary initial steps in producing methamphetamine. The court ruled that this defendant could only be convicted if they knew another defendant would use those substances to manufacture meth. Thus, the level of knowledge regarding the final product becomes a critical factor in determining guilt.
Does Manufacturing Drugs Include Growing Marijuana?
In California, cultivating marijuana is considered a form of manufacturing a controlled substance. The reasoning behind this interpretation is that marijuana cultivation involves the production of an illegal drug. Furthermore, even under federal law, growing marijuana plants is deemed drug manufacturing.
Is Drug Possession A Lesser Offense?
Drug possession is often considered a lesser offense than drug manufacturing. Since manufacturing drugs involves having them on hand, possessing them alone may not secure a manufacturing conviction. As a result, prosecutors may file concurrent charges for both offenses.
If there is insufficient evidence to prove manufacturing, a conviction for drug possession can still be obtained. Therefore, the specific circumstances and evidence are crucial in determining the charges and their subsequent outcomes.
Are Minor Alterations To A Drug Enough To Be Considered Manufacturing?
California has broader statutes that punish activities beyond direct alteration, such as packaging or labeling.
For example, packaging controlled substances into smaller doses for sale could be considered manufacturing under certain circumstances. The intent to distribute and the packaging process can lead to a manufacturing charge.
Find a Criminal Defense Lawyer Near Me
If you or someone you care about has been accused of manufacturing controlled substances in Anaheim, hire a defense attorney immediately. At the California Criminal Lawyer Group, our experienced attorneys have successfully defended clients facing charges of manufacturing controlled substances for many years. We will meet with you promptly to assess the details of your case and develop a defense strategy to achieve the best possible outcome. Call us today at 714-766-0965 for legal counsel.