Manufacturing a Controlled Substance – Health and Safety Code 11379.6
The offense of 'manufacturing a controlled substance' under California Health and Safety Code 11379.6 is a serious drug crime. It is considered a felony if you engage in the production, processing, or preparation of any controlled substance through chemical extraction or synthesis.
HS 11379.6 prohibits the unlawful manufacturing of drugs or controlled substances. Also, it makes it a crime for anyone to engage in any type of activity in the process of manufacturing an illegal controlled substance.
In California, a common example of HS 11379.6 drug manufacturing charges includes a situation when somebody is running a methamphetamine lab or when they participate in mixing the chemicals to produce the narcotics.
By law, even in a situation when you just knowingly participate in the processing of controlled substances, you could face drug manufacturing charges. It should be noted that a “controlled substance” can include a wide range of substances, like opiates and narcotics, listed in the Controlled Substances Act.
A conviction for 'manufacturing controlled substances' under Health and Safety Code 11379.6 is a serious felony offense. It carries a potential sentence of up to seven years in jail, underlining the severe consequences of this crime.
If you are convicted of manufacturing large quantities of a controlled substance that contains PCP or methamphetamines or causes great bodily injury or death to another person, the penalties will be increased. This underscores the importance of seeking legal help to navigate the complexities of drug manufacturing charges laws.
Definition of HS 11379.6 Drug Manufacturing
California Health and Safety Code 11379.6 defines the criminal offense of manufacturing a controlled substance:
Any 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
The most common controlled substances manufactured in California include methamphetamine, cocaine, heroin, ecstasy, PCP, and LSD. It's important to note that the chemical extraction process can be done “indirectly or directly.”
It should also be noted that you don't have to prove that you actually completed the manufacture or production of controlled substances, but rather only that you participated in starting the process to produce the final illegal product. However, the prosecutor has to be able to prove that you knowingly contributed to the process.
It's possible to be convicted of 11379.6 for just creating a “precursor” element that is used in the latter stages for the finished controlled substance product. What this means is that you can be convicted for combining legal elements if you were aware they could aid in creating an illegal controlled substance.
What Does HS 11379.6 Say?
California Code, Health and Safety Code - HSC § 11379.6 says, "(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 when an enhancement pursuant to Section 11379.7 is pled and proved, the fact that a violation of this section involving methamphetamine occurred within 200 feet of an occupied residence or any structure where another person was present at the time the offense was committed may be considered a factor in aggravation by the sentencing court.
(d) The fact that a violation of this section involving the use of a volatile solvent to extract concentrated cannabis chemically occurred within 300 feet of an occupied residence or any structure where another person was present at the time the offense was committed may be considered a factor in aggravation by the sentencing court.
(e) 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.
(f) 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."
What Must the Prosecutor Prove for a Conviction?
To be found guilty of California Health and Safety Code 11379.6, manufacturing controlled substances, a prosecutor must prove, beyond a reasonable doubt, every element of the crime that is listed under CALCRIM 2330 Jury Instructions, that you:
- Manufactured, converted, produced, or processed a controlled substance, directly or indirectly, using chemical extraction or synthesis, and
- Knew it was a controlled substance; or
- Offered to manufacture a controlled substance, and
- Had the intent to do so when it was offered
Again, you don't have to complete the manufacturing process of a controlled substance to be found in violation of HS 11379.6. This form of California drug crime occurs the moment you knowingly participate in any steps to process a narcotic drug.
HS 11379.6 Drug Manufacturing Penalties
Manufacture of controlled substances described under California Health and Safety Code 11379.6 is a felony offense.
If you are convicted, the penalties include three, five, or seven years in a California state prison and a $50,000 fine. If you are convicted of offering to manufacture a controlled substance, the penalties include up to 5 years in state prison. The criminal court judge could decide to impose probation and county jail time rather than send you to state prison.
Some aggravating factors could result in additional jail time. For example, if there was a child under 16 years old living in the same structure where the drug manufacturing occurred. Other aggravating factors that could result in additional jail time include manufacturing large quantities of certain narcotics, causing death or injury to someone, and having prior drug-related convictions.
Related California Offenses for HS 11379.6
- Health and Safety Code 11350 – Possession of a Controlled Substance
- Health and Safety Code 11351 – Drug Possession for Sales
- Health and Safety Code 11352 – Transporting for Sale Controlled Substances
- Health and Safety Code 11359 – Marijuana Possession for Sales
- Health and Safety Code 11360 – Transportation of Marijuana
- Health and Safety Code 11377 – Possession of Methamphetamine
- Health and Safety Code 11364 – Possession of Drug Paraphernalia
- Health and Safety Code 11383 – Possess Materials for Manufacturing PCP
- Health and Safety Code 11370.9 – Money Laundering from Drug Proceeds
- Health and Safety Code 11366.8 – Conceal Drugs in a False Compartment
- Health and Safety Code 109575 - Manufacture of Imitation Controlled Substances
What are the Best Defenses?
Our criminal defense attorneys will review the details of the case to determine an appropriate strategy for a favorable outcome. Each case is unique, but there are some common defenses we can use. We will guide you through the legal process, from the initial arrest to the trial, and ensure you understand your rights and options at each stage:
- You did not reach the stage to manufacture - It may be possible to argue that you did not reach the actual stage to manufacture, compound, convert, or process a controlled substance. For instance, perhaps you were only in the initial stages of preparing for the manufacturing process and lacked the necessary chemicals to complete it.
- Lack of knowledge – In some cases, it might be possible to make an argument that you simply did not know the product was a controlled substance. Perhaps someone else instructed you to manufacture the substances, but you were unaware of their actual nature. In situations where guilt is not in doubt, or you were convicted, we might be able to pursue a drug diversion program to keep you out of jail.
Drug diversion is considered an alternative sentencing option, allowing nonviolent drug offenders to get drug treatment rather than serving time in jail. California drug diversion programs include Proposition 36, drug court, and deferred entry of judgment (DEJ), described under Penal Code 1000. We can help you understand if you are eligible for these programs and guide you through the application process.
If you are arrested and charged with Health and Safety Code 11379.6, drug manufacturing, call our Los Angeles criminal defense attorneys to examine your case and options.
Remember, manufacturing controlled substances is a serious offense. Suppose you are arrested and charged with Health and Safety Code 11379.6, drug Manufacturing. In that case, it's crucial to call our Los Angeles criminal defense attorneys immediately to examine your case and explore your legal options.