Under California law, manufacturing drugs crime involves knowingly participating in manufacturing, compounding, converting, or processing controlled substances. In Los Angeles, the defendant doesn't need to have completed the process of making the drugs for them to be liable for the crime.
Additionally, the penalties and punishments are severe, and you could face prison or jail sentences, thus affecting aspects of your life. Luckily, by hiring our aggressive lawyers from The LA Criminal Defense Law Firm, you have peace of mind knowing you have someone to represent your interests and fight for your rights. Consider hiring our attorneys to handle your case professionally.
Definition of Manufacturing Drugs
Drug manufacturing is the offense of being involved in any stage of the drug production process. Additionally, drug manufacturing requires the defendant to possess a drug or intent to manufacture or possess the chemicals necessary to manufacture a drug. Manufacturing of controlled substances is a felony resulting in steep penalties.
Anyone arrested for producing, compounding, processing, preparing, converting, or preparing a controlled substance through indirect or direct chemical synthesis or chemical extraction is guilty under 11379.6.
The prosecution must prove several factors for the defendant to face convictions under HS 11379.6. The factors are considered as elements of the crime; the elements are:
- The defendant knew the content he/she was manufacturing, making, processing, or producing was a controlled substance.
- You compounded, produced, manufactured, prepared, processed, or derived a controlled substance.
Notably, the defendant does not need to have completed the manufacturing process to be liable for HS 11379. The defendant could face criminal convictions when in the intermediate or beginning steps to produce a controlled substance.
Manufacturing drugs in California
In California, some drugs are consumed without being processed. However, other controlled substances are created through chemical processing, compounding, converting, or manufacturing. The defendants mainly manufacture the drugs to obtain drugs at a lower price. Manufactured drugs include:
- Crack cocaine
- Marijuana concentrates
Controlled Substance Act in California
Anything relating to controlled substances is highlighted in the controlled substance act in California. The classification of drugs is based on the potential medical properties and drug components of the drug acquired.
Under CSA, controlled substance drugs fall under five schedules. Notably, schedule one substances are considerably more dangerous, with schedule 5 having the least hazardous substances.
Schedule 1 drugs are considered to have no valid medical purpose with a high potential of abuse. The drugs include GHB, LSD, MDMA, marijuana, and mescaline.
Schedule 2 drugs are currently accepted medical value and have a high potential for abuse. The drugs include fentanyl, Percocet, methamphetamines, oxycontin, and morphine.
Schedule 3 drugs have a currently accepted medical use and some potential for abuse. However, the drugs are considerably safer than schedule 1 and 2 drugs. The drugs include antidepressants, appetite suppressants, and prescribed steroids.
Schedule 4 and 5 drugs have a lower potential for influence than the other drugs. The drugs include Xanax, Ambien, valium, prescribed cough medicine, and Ativan.
What the Prosecution Must Prove in a Drug Manufacturing Case
For the defendant to face conviction drug manufacturing, the prosecution team must prove the following:
- The defendant intended to manufacture the drugs or manufacture compounds required in the production of the drugs. For instance, defendants merely possessing marijuana seeds cannot lead them to a conviction for manufacturing drugs. However, when the prosecutor discovers written plans or accompanying equipment within the defendant's residence, they might establish a probable intent of the defendant's intent to manufacture the drug.
- The chemical substance was a part of the component required in the manufacturing of the controlled substance.
- The defendant engaged in the synthesis, processing, or preparation of a chemical matching a controlled substance.
Penalties For Manufacturing Drugs
In California, the penalties of drug offenses vary depending on several factors, such as the amount of controlled substance involved, the defendant's criminal history, the drug type involved, and the purpose of the defendant's possession of the drug. Manufacturing controlled substances is a felony in California punishable by:
- A fine up to fifty thousand dollars
- Imprisonment up to 7 years
Notably, several factors determine the kind of prison sentence the offender receives. The factors include:
Defendant’s Prior Convictions
When the defendant has previous convictions of drug-related offenses, they may obtain a longer sentence. Prior convictions that may enhance your sentence include:
- The selling of methamphetamine
- Selling and transporting controlled substances
- Manufacturing controlled substances
- Possessing methamphetamine intending to sell it
- Having controlled substances to sell it
Manufacturing Large Amounts of Controlled Substances
Producing large quantities of drugs could lead to enhanced penalties. Drugs leading to enhanced sentences include PCP, Methamphetamine, and GHB. The penalties for manufacturing the substances include additional consecutive jail to the offenders.
Causing Serious Injury or Death
You may face added penalties in case another person obtained injuries or died during your drug manufacturing course. Each person injured or killed during the drug manufacturing will add one year to the end of your sentence. However, the defendant may not obtain enhanced penalties if the deceased or the injured person complied with the manufacturing.
Manufacturing Controlled Substances Around Children
Manufacturing methamphetamine near children below sixteen years may also lead to additional penalties. When offenders face convictions for producing drugs around minors, they obtain additional two years in state prison. Additionally, if a minor under the age of sixteen sustain bodily injuries due to the drug manufacturing process, the offender receives an additional five-year sentence in state prison.
After serving sentences for manufacturing drugs, there are other consequences other than imprisonment and fines, including:
Deportation Of The Offender
Manufacturing controlled substances have negative immigration consequences since it involves moral turpitude. In California, crimes involving immorality result in the deportation of non-citizens. Additionally, the prosecution marks the defendant as inadmissible. Manufacturing narcotics is an aggravated felony under California law. Upon committing the crime, deportation is a must. Notably, the offender enjoys other reliefs for aggravated felony convictions, including:
- I-212 hardship permission for re-applying admission to the US after deportation.
- Asylum relief
- Cancellation of removal or non-citizens under 8U.S.C section 1229b(a)3
Effects On The Offenders Gun Rights
A defendant risks losing their gun rights after facing conviction for manufacturing drugs. Under California HS11379.6, convicted felons are prohibited from owning or buying a gun. Since manufacturing drugs is chargeable as a felony, the defendant loses their gun rights.
Can a Person Obtain A Conviction Expunged?
Unfortunately, people convicted under HS11379.6 cannot obtain an expungement. Notably, expungements erase many hardships of convictions. However, it does not support crimes resulting in prison sentences.
Potential Defenses For Manufacturing Drugs in California
California state prosecutors treat drug manufacturing crimes seriously and will always press for maximum penalties to the offender. Luckily, If you face charges of the crime, you should hire an experienced California drug manufacturing defense lawyer. The lawyer will employ different legal defense, leading to dismissal or reducing your charges into a minor charge. The possible legal defenses for the manufacturing of drugs which your attorney may consider are:
You Were Not Part of the Manufacturing Team
On some arrest occasions, the defendant might face arrest at a drug house they had just visited to purchase the drugs. The court won't hold them liable for drug manufacturing since the defendants aren’t part of the team participating in the actual drug manufacturing activity. However, the defendant will face charges of possessing illegal substances, which attracts lesser penalties than violating California PC 11379.6.
Additionally, the defendant may argue they're sharing a common space with the illegal drug manufacturers without their knowledge, like in a camping van nearby or a garage of residential premises. Our skilled attorneys may argue and convince the court that the jury charged the wrong person. Therefore, the defendants won't face the conviction of the crime.
Falling under traps is common in every part of the world nowadays. In most crimes of manufacturing controlled substances, arrests involve undercover police. The law enforcement officers may lure you into engaging in the crime, which makes it an entrapment. The police may have used pressure, flattery, threats, harassments, and fraud in persuading you to commit the alley crime. The defendant needs to prove he/she committed the offense because of entrapment. The court will then consider reduction or dismissal of their charges.
Illegal Seizure and Search
In California, law enforcement officers should only arrest suspects when they have enough evidence of proving the fact of the crime. Additionally, investigating officers have a mandate to investigate the offender only via a legal warrant. Once the officers fail to produce a search warrant, they can exclude the evidence hence dismissing the case.
Even when you are guilty of the offense of manufacturing the uncontrolled drugs, the government will not use the evidence obtained through the illegal seizure and search against you at the trial. Therefore, the defendant might argue the police officers engaged in an unlawful search, thus leading to the dismissal of their charges.
The defendant may argue they were not at the scene of the crime when the offense occurred. However, he/she should prove someone else close to them was liable for the violation. For you to support this kind of defense, you should include evidence from other people, receipt of your restaurant, surveillance footage of your whereabouts, and phone records to prove your location during the time of the scene. Once it's proven the defendant was at different places during the crime, he/she won't face a conviction of the crime.
You Did not Participate in the Manufacturing of a Controlled Substance
The defense may be applicable when the defendant didn't engage in the offense at all. You may have been in the vicinity of a drug manufacturing laboratory but not conducting any role in manufacturing. For instance, you may be in a shared place without the knowledge of controlled substances produced nearby.
Due to the drug lab's clandestine nature, the labs are in garages, mobile homes, and sheds. An individual without knowledge of the manufacturing activity, present during the search by a law enforcer, may become subject to the possession or use charges. However, the charges may not be as severe as manufacturing. However, with a competent manufacturing defense lawyer, he/she can fight for elimination or reduction of your charges when you're caught in an unintentional association with a drug lab.
The prosecutor should prove before the jury; you knew that you were manufacturing a drug. The defendant may argue he/she did not commit the crime. Defendants only need to provide testimonies, documents, and any other evidence to support your innocence.
The Process Was in the Preparatory Stage
The defendant should not be liable for manufacturing drugs when you're still in the preparatory stages of the entire process, such as gathering materials and equipment. Our lawyers will be able to undertake the task of attempting to manufacture drugs and actual manufacturing.
However, you may still face charges with another violation once you are found with controlled substances as part of the ingredients in making the alleged product.
When the defendant faces charges of attempting to manufacture drugs, they may meet half of the sentence they could have served if they make the actual drugs as elaborated under California law in attempted crimes.
For the offender to be considered guilty of the crime, they must have begun the manufacturing process. When the defendant was at the begging process or did not complete the process, this isn't considered actual manufacturing. Notably, the mere process isn't considered a crime under California law, thus assisting in dismissing the charges.
You Manufactured Drugs Under Duress
Duress serves as a defense for drug manufacturing cases. If you manufactured the drugs because your life was in immediate danger, California law might excuse your charges. The defendant should prove someone else used threats, violence, and forced to manufacture drugs. Additionally, the defendant should prove they had a reasonable fear with no alternative to manufacturing drugs. With valid and robust evidence and the assistance of an experienced attorney from LA Criminal Defense Law Firm, the defense may work for you, leading to a reduction of charges or case dismissal.
Abandonment or Withdrawal
The defense is applicable when the defendant decided to commit the offense but withdrew from participating. Your attorney needs to prove you successfully withdrew or abandoned the offense by stopping the crime commissioning. However, the defendant's action of preventing from conducting the crime should have engaged in completing the planned offense. Therefore, if you successfully withdrew from engaging in the drug production activity, you won't be liable for the crime.
Mistaken of Facts
The defense can work when the defendant was unaware of the offense's elements. They faced the charges. For instance, in a case involving the manufacture of controlled substances, the defense may work if the alleged products aren't controlled substances. The products may have similar chemical content, then leading to the confusion. The defendant should not face conviction due to the confusion of the chemical contents.
Related Offenses Charges Alongside Drug Manufacturing
Manufacturing drugs are treated seriously in California. There are other drug crimes related to Health and Safety Codes HS 11379.6 in California. The crimes could be charged as either a misdemeanor or a felony, depending on crime circumstances. In Los Angeles of the commonly charged offenses include:
Possession For Sale Of A Narcotic HS 11351
In California, it is an offense for somebody to possess controlled substances with the intent of selling them. The controlled substances constitute illegal drugs, including certain hallucinogenic substances peyote, heroin, cocaine, GHB, opiates, and LSD. Additionally, the law covers common prescription drugs, including oxycodone, codeine oxycontin, and hydrocodone. Possessing controlled substances is chargeable as a felony in California with the following penalties:
- Probation in county jail up to a year
- Imprisonment up to 4 years in county jail
- A fine of up to twenty thousand USD
When convicted of violating 11351 HS, and the controlled substance is heroin or cocaine base the defendant faces additional penalties including:
- 15 years imprisonment if the substance weighs more than 20kgs
- Further three years sentence if the substance weight exceeds one kilogram
- Imprisonment for 5 years when the weight is more than 4kgs
- Ten years imprisonment if the drug exceeds 10kgs
- Imprisonment for 25years when the drug weight exceeds 40 kilograms
- Imprisonment for 25 years when the controlled substance exceeds 80 kilograms.
After receiving the additional sentence underweight enhancement, you may also face a fine up to 800,000 USD. Additionally, you risk three-year imprisonment if you have a prior felony conviction related to drug crimes involving more than mere usage of drugs.
11351 HS involves the processing of the narcotic drugs intending to sell them. Alternatively, Health safety code 11352 HS is a more severe offense involving actual drug transactions. Therefore drug diversion is not an option unless you have a skilled attorney able to negotiate a plea bargain for a possession charge.
Sale of A Narcotic HS 11352
California Health and Safety Code 11352 HS bans the transportation and selling of certain controlled substances like cocaine, heroin, and peyote. However, it doesn't apply to sell methamphetamine, marijuana, and certain other drugs. The law prohibits:
- Selling and transporting controlled substances
- Furnishing drug to other people
- Giving a drug away
The violations of HS 11352 charge the crimes as a felony with the following consequences
- Formal probation
- Fine up to twenty thousand USD
- Three to nine years of jail imprisonment
However, selling drugs to minors or transportation of large drug quantities could enhance your sentence by increasing jail sentence and maximum fine.
Operating a Drug House HS 11366
California health and safety code 11366 prohibits maintaining or opening a place intending to sell, give away, or allow other people to use a drug continually. The offender is guilty if the area was opened and maintained to other people to use drugs. Notably, the place includes a house, apartment, room hotel, or a motel. A conviction for 11366 is a wobbler so that the offender may face misdemeanor or felony charges. When convicted of a misdemeanor, the possible consequences include:
- A maximum fine up to 1000 USD
- Imprisonment in county jail up to a year
Alternatively, When convicted of a felony, the possible penalties include:
- A fine up to 10,000 USD
- Sixteen months, 2years, or three years imprisonment in California state prison
Renting A Space for The Distribution of A Narcotic HS 11366.5
Health and Safety Code 11366.5 makes it a crime for anyone to rent a space or a room intending to manufacture or distribute drugs.
Possessing Materials for The Manufacturing of Narcotics HS 11383
Health and Safety Code makes it a crime for a person to possess certain chemicals and materials to manufacture drugs. The main drugs involved in violating the Health Safety Code include methamphetamine, PCP, or any drugs analog. However, the charges exempt licensed drug manufacturers and pharmacists. The charge for HS 11383 is a felony with significant penalties, including :
- Two, four, or six years imprisonment in county jail
- Formal probation.
- Maximum fine up to 10,000 USD
When the police discover materials for manufacturing drugs in a structure where a child below sixteen years was present, the offender receives additional two-year imprisonment. Furthermore, if the substances caused bodily injuries to a child below sixteen, the offender receives further imprisonment for five years.
Contact A Criminal Defense Lawyer Near Me
In case you are facing charges for manufacturing drugs, you should not worry even if you think you are guilty of the crime. You require someone with a substantial legal background to defend you against the severe charges of manufacturing drugs. At the LA Criminal Defense Law Firm, we handle all the cases professionally, fighting hard to achieve the most favorable outcomes.
Kindly reach us at 310-935-1675 as soon as possible to have us begin building a strong defense for you. We are ready to evaluate your case and craft an appropriate defense strategy that could see your penalties reduced or case dismissed.