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Manufacturing Controlled Substance

Garcia Law Group > Manufacturing Controlled Substance

California Health and Safety Code Violations – Manufacturing a Controlled Substance H&S 11379.6

 

Health and Safety Code section 11379.6 prohibits the manufacture of certain types of narcotics including: cocaine, meth, heroin, ecstasy, and others.

 

Health and Safety Code Section 11379.6(a)

Section 11379.6(a) states that everyone who creates, produces, converts, derives, prepares, processes, manufactures, or compounds a controlled substance without having the legal authorization to do so is committing a crime.

 

This section also states that the person is breaking the law whether they were directly or indirectly involved with any of the verbs listed above. Section 11379.6 (a) also says that “manufacturing” is also breaking the law if it was done using chemical extraction or other methods of chemical synthesis. Examples of a violation of this section include running a meth lab or extracting cannabis oils,

 

The controlled substances that this section is talking about are specified in sections 11054, 11055, 11056, 11057, and/or 11058 of the Health and Safety Code.

 

What are the elements of 11379.6(a)?

(1)You manufactured, compounded, converted, produced, derived, processed or prepared a controlled substance, directly or indirectly by chemical extraction or chemical synthesis, AND

 

(2)You knew it was a controlled substance.

 

What is the possible punishment for a conviction of H&S 11379.6(a)?

Anyone convicted of this charge will be punished by imprisonment for three, five, or seven years according to subdivision (h) of Section 1170 of the California Penal Code. The convicted person will also face a fine of up to fifty thousand dollars ($50,000). However, a judge may grant probation if the defendant is eligible.

 

What are possible defenses?

The first step in determining whether a valid defense exists to analyze the search conducted by the police. If the search was illegal (in violation of the Fourth Amendment of the U.S. Constitution), then the evidence is suppressed and the case will most likely be dismissed.

 

Other defenses include entrapment, no knowledge that it was an illegal substance, or that you were in an early stage of the manufacturing such as buying/gathering the products or materials.

 

What are other consequences for a violation of 11379.6?

Immigration Consequences: A conviction for manufacturing of a controlled substance will have negative immigration consequences. Federal law considers this ia crime involving moral turpitude (“CIMT”). “Crimes involving moral turpitude” can result in a non-citizen being either:

 

-deported, or

 

-marked as inadmissible.

 

Further, a conviction for manufacturing a controlled substance is an aggravated felony under California law.Deportation for an aggravated felony is mandatory. Also, certain types of relief are unavailable following an aggravated felony conviction, including:

-cancellation of removal under 8 U.S.C. § 1229b(a)(3),

-asylum relief, and

-I-212 hardship waivers / permission to re-apply for admission to the U.S. after deportation.

 

Gun Rights: because a conviction for manufacture of a controlled substance is a felony, once convicted, you will lose your gun rights. A felony conviction prohibits one from buying or owning a gun in California.

 

Expungement: a conviction for this offense is not eligible for an expungement. This means that when applying for a job, you will have to disclose that you are a convicted felon. This may make it much more difficult to obtain employment.

 

What are the other sub sections of H&S 11379.6?

Section 11379.6(b)

The second section of HS Code 11379.6 is (b). Section (b) says that unless an enhancement to HS Code Section 11379.7 is pled in court and proved, a defendant under the age of 16 who was living in a building or place where there was a violation of this code involving methamphetamine production will be considered by the sentencing court as a factor in aggravation.

 

This code is in place to protect children of those who manufacture controlled or illicit substances or children who live in the building or residence where the manufacturing was taking place. It also makes the charges against parents or caretakers who exposed children 16 and under to drug manufacturing more severe. Without this code, children would be found indirectly involved and likely convicted, so this code is very important.

 

 

Section 11379.6(c)

Section (c) says unless an enhancement under Section 11379.7 is pled in court and proved, the fact that the defendant violated this code, involving methamphetamine, within 200 feet of a home, building, or another place where people reside is considered an aggravating factor by the sentencing court.

 

This means that the sentencing for the defendant (if convicted,) will be more severe because the area they were manufacturing controlled substances had people’s homes, work buildings, or other places where people were at the time of the violation.

 

Section 11379.6(d)

This section applies to defendants who were manufacturing cannabis and marijuana products. Section (d) states that if the defendant violated this Health and Safety Code and also used a volatile solvent (any flammable, unpredictable, dangerous chemical,) to chemically extract cannabis within 300 feet of any building where people live or any building where any person was at the time of the violation, it would be considered an aggravation factor by the sentencing court.

 

This is because volatile solvents are often unstable. Additionally, many of the chemicals used to manufacture drugs are not regulated because people do not always have access to regulated chemicals that chemists might use. Therefore, improper storage, use, or mixing of the solvent in the wrong solute can cause dangerous outcomes. This makes the violation more severe, so the sentencing will be on the more intense end of the spectrum.

 

Section 11379.6(e)

Section (e) says that unless there are other types of circumstances indicated by law, any person who violates section (a) (the first section,) will be put in prison for three, five, or seven years.

 

This can sometimes mean that a person who has both a charge for manufacturing a controlled substance and another more severe charge that has a long prison sentence will likely go to prison for more than just 7 years. If convicted of the more severe charge, they will likely serve both prison sentences, totaling more than 7 years.

 

Section 11397.6(f)

The last part of this Health and Safety Code Section is the section (f). In this section, Health and Safety Code says that all of the fines collected from a conviction of a violation of Section 11379.6(a) (again, the first section on this list,) will be given to the State Treasury of California.

 

The treasury will deposit the money into the account designated for funding the Clandestine Drug Lab Clean-Up Account. This was established in Section 5 of Chapter 1295 of the Statutes of 1987 as a way to fix and clean the damage left by illegal drug labs in California. This is one of the ways that the fines charged to people convicted of manufacturing controlled substances go back into the communities in the state to help improve society.

 

WERE YOU ARRESTED FOR VIOLATING A RESTRAINING ORDER?

Appearing in front of a judge by yourself can be an intimidating experience. Additionally, the laws are complicated. If you are facing a criminal case, Garcia Law Group is here to help you. We’ve handled hundreds of cases and represented individuals in your situation. We are here to help you get through this stressful situation.

 

Call now and speak to attorney Joel Garcia for a FREE CONSULTATION.

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