Manufacturing Drugs in California – Health & Safety Code sec. 11379.6
California Health & Safety Code sec. 11379.6 prohibits the illegal manufacturing, compounding, converting, producing, deriving, processing, or preparing, directly or indirectly, of any controlled substance. If you are convicted of manufacturing drugs in California, you may be sentenced to three, five, or seven years in prison and fined up to $50,000.1
In addition, if a minor was at the location while the illegal substances were being manufactured, an additional penalty of five years can be imposed.2
Can Manufacturing Drugs in California Be Prosecuted as a State and Federal Offense?
Manufacturing drugs is a felony offense. Drug manufacturing penalties could mean prison sentences and fines possible for either state or federal violations. There have been longstanding federal laws in combating the manufacturing of drugs. However, each state has its own set of drug laws, too. A difference between federal and state drug laws is the severity of consequences after a conviction. Federal drug charges generally carry harsher punishments and longer sentences.3
There are certain elements that must be met before a manufacturing drug charge can be found guilty. These factors include:
- You partook in the production or manufacture of a controlled substance,
- You extended a suggestion to produce or manufacture drugs, and
- You did not have the licensed credentials to do so.
It is not required that the prosecution proves that you were actually able to complete the manufacture or production of the controlled substance. It is merely required that it be proven you were involved in producing an illegal substance.
If you are convicted, you will be subject to three, five, or seven years in state prison and can be fined up to $50,000. The sentence can be longer if you have a previous drug conviction record, large quantities of drugs were produced, someone was killed, or if children were involved.4
The federal government has the Drug Enforcement Administration (DEA), whose purpose is to obtain drug convictions, including convictions for drug manufacturing. Federal convictions carry severe required prison sentences based on Federal Sentencing Guidelines.
Call the Criminal Defense Attorneys at Wallin & Klarich
If you have been charged or arrested for manufacturing narcotics or drugs, it is important to call a skillful criminal defense attorney that will know how to deal with your situation in the quickest and most efficient way possible. The impact of a manufacturing drug conviction would not only be devastating to you, but also to your family.
There are a number of legal defenses that apply to California’s law against manufacturing drugs and narcotics. Some of these defenses include:
• Your acts were merely preparatory,
• The drug lab was discovered pursuant to an illegal search and seizure,
• You were merely an innocent bystander, or
• You were the victim of mistaken identity.
Getting help in the early stages is critical in obtaining the best result. The attorneys at Wallin & Klarich have 40 years of experience in protecting clients’ rights and they are waiting to help you today.
Call us for a free consultation at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.
1. California Health and Safety Code Section 1137.6.” Law and Legal Research. <https://law.onecle.com/california/health/11379.6.html↩
2. California Health and Safety Code 11379.6, Manufacturing Drugs or Narcotics. Avvo.com.https://www.avvo.com/legal-guides/ugc/california-health-and-safety-code-113796-manufacturing-drugs-or-narcotics↩
3. Drug Laws and Drug Crimes. Nolo.http://www.nolo.com/legal-encyclopedia/drug-laws-drug-crimes-32252.html↩
4. [“Heath and Safety Code Section 11377-11382.5.” Leginfo. <http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=10.&title=&part=&chapter=6.&article=5.↩
