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Health And Safety Code 11379.6 HS – Manufacturing A Controlled Substance

HEALTH AND SAFETY CODE 11379.6 HS – MANUFACTURING A CONTROLLED SUBSTANCE

California Health and Safety Code § 11379.6 HS makes it illegal to manufacture, compound, convert, produce, derive, process, or prepare any controlled substance, either directly or indirectly. A “controlled substance” includes various substances such as opiates, stimulants, and narcotics listed in Schedules II, III, IV, and V of the Controlled Substance Act. Essentially, HS 11379.6 prohibits the illegal production of drugs, narcotics, or controlled substances including methamphetamine, heroin, cocaine, ecstasy, marijuana, PCP, and LSD. It also prohibits any involvement in the manufacturing process of an illegal substance.

Common examples of drug manufacturing charges involve operating a methamphetamine lab or combining chemicals to create narcotics. If you “knowingly” participate in any aspect of drug processing, you could face criminal charges under this statute.

A conviction for manufacturing controlled substances under HS 11379.6 is considered a felony, which can result in up to seven years in jail and a significant fine. Penalties may be more severe if the conviction involves manufacturing large quantities of a substance containing PCP or methamphetamines, or if it causes another person to sustain great bodily injury or death.

11379.6 HS : (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 chemically extract concentrated cannabis 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.

Source: https://leginfo.legislature.ca.gov/

Elements The Prosecutor Have To Prove

To secure a conviction for manufacturing controlled substances in violation of California Health and Safety Code 11379.6 HS, the prosecution must establish all the elements of the offense as outlined in CALCRIM 2330 Jury Instructions:

  • The defendant manufactured, transformed, generated, processed, or formulated a controlled substance.
  • This was achieved either directly or indirectly through chemical extraction or synthesis.
  • The defendant had knowledge that it was a controlled substance; OR
  • The defendant proposed to manufacture a controlled substance with the intent to carry out this action at the time of the proposal.
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It is important to highlight that a violation of California’s law against manufacturing drugs can occur even if the manufacturing process is incomplete. This criminal act is committed as soon as an individual knowingly engages in any step of the drug processing procedure.

Imagine a person named Alex, who has set up a clandestine laboratory in a rented warehouse. Inside this lab, Alex has amassed various chemicals, equipment like glassware, heating elements, and safety gear. The purpose of this setup is to synthesize methamphetamine, a powerful stimulant that is classified as a Schedule II controlled substance under federal  drug laws due to its high potential for abuse and dependency. Alex has acquired knowledge on how to produce methamphetamine through various means and has started synthesizing the drug in significant quantities with the intention of distributing it through a network of contacts.

Penalties, Punishment, And Sentencing

Violating HSC 11379.6 is a felony offense that carries severe penalties, including imprisonment in state prison for a period of 3, 5, or 7 years, as well as a maximum fine of $50,000. The actual sentence imposed can vary and may be influenced by various aggravating factors. These factors could include the quantity of drugs involved, the presence of a child under 16 in the location where the drugs were manufactured, the defendant’s prior criminal history related to drug offenses, or if someone was seriously injured or died as a result. The judge has the discretion to impose probation, jail, or a combination of both, instead of a prison sentence. It is important to note that diversion programs like Proposition 36 or PC 1000’s Deferred Entry of Judgment program are typically not available for cases involving violations of Health & Safety Code 11379.6 HS.

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How To Fight Drug Manufacturing Charges?

Certainly, here’s how a defense attorney can fight charges of attempting to manufacture a controlled substance:

  • Your actions were only “preparatory”: An attorney can argue that preparing to manufacture a controlled substance is not illegal and that some act of beginning the manufacturing process is required. Typical evidence used to prove that the manufacturing process was never begun includes eyewitness accounts, video surveillance footage, and forensic reports by experts.
  • The police made an unlawful search and seizure: Authorities can only legally search and seize property via a warrant or with a valid excuse. If the police find evidence without a warrant or a valid excuse, a defense lawyer can file a motion to suppress the illegally-obtained evidence. The judge may then dismiss the charges or reduce them if the evidence is excluded.
  • The police entrapped you: If the police crossed the line into entrapment, charges must be dropped. Entrapment occurs when officers pressure someone into committing a crime they were not predisposed to commit. Lawyer can examine bodycam/audio recordings to show that the officer’s words and actions placed a person under duress, which could force them to manufacture drugs. If entrapment occurred, the charges against the person would be dropped.
  • You didn’t take part in the manufacturing: If a person was only present at the manufacturing site and did not help manufacture drugs, charges do not apply. Criminal defense attorney would amass available evidence such as video recordings or eyewitness accounts to show that the person was not participating in the manufacturing process and prove there is reasonable doubt. If the defense can show reasonable doubt, the state may drop the charges without a trial.
  • You were misidentified: If you were wrongly identified as a drug manufacturer, a defense attorney would impeach the credibility of everyone involved in the identification process. Studies have shown that police protocols often yield inaccurate results. By demonstrating that the identification process was flawed, he can create reasonable doubt that could lead to a reduced or dismissed charges.
  • You were not aware of what was going on: If you were unaware that you were making an illegal substance, then you did not violate HS 11379.6. A defense attorney can provide evidence of your intentions from recorded conversations to show that you did not have knowledge of the manufacturing process. If the drugs made resembled a substance you believed you were creating, it could be used to raise reasonable doubt and compel the state to drop the charges.
  • Drug diversion: Depending on the circumstances of the case, drug diversion may be an alternative sentencing option. This option allows non-violent drug offenders to get drug treatment rather than serving jail time. California drug diversion programs include Proposition 36, deferred entry of judgment under Penal Code 1000, and California drug court.
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Immigration Consequences:

The manufacturing of a controlled substance can have significant negative immigration consequences. Such a crime is considered a “crime involving moral turpitude,” which may result in a non-citizen being deported or marked as inadmissible. Additionally, the manufacturing of a narcotic is considered an aggravated felony under California law, which carries mandatory deportation as a consequence. If convicted of an aggravated felony, certain types of relief may be unavailable, including cancellation of removal under 8 U.S.C. § 1229b(a)(3), asylum relief, and I-212 hardship waivers or permission to reapply for admission to the U.S. after deportation. For more detailed information about the immigration consequences of drug convictions, please read this: https://www.ilrc.org/

Can Charges Be Expunged Under Health & Safety Code 11379.6 HS?

In California, a person convicted of a crime may be eligible for expungement under certain circumstances. However, expungement is not available for all types of convictions, and the eligibility criteria may vary depending on the specific circumstances of the case. For example, a person convicted of a crime that resulted in a prison sentence, such as a 11379.6 HS conviction, may not be eligible for expungement. This is because expungements are generally not available for crimes that result in a prison sentence. If you have a 11379.6 HS conviction and are interested in exploring the possibility of expungement, it’s important to consult with a qualified Los Angeles expungement attorney Cyrus Tabibnia who can assess your individual situation and provide guidance on the best course of action.

Related Crimes

Speak With Criminal Defense Lawyer From Tabibnia Law Firm

If you have been charged with drug manufacturing under California Health and Safety Code 11379.6, we recommend reaching out to our skilled Los Angeles drug crime lawyer at Tabibnia Law Firm for a thorough case review and to explore your legal options. Cyrus Tabibnia, a highly regarded defense lawyer, has a successful track record in handling various drug-related crimes. Schedule an initial case discussion by calling 866-713-2159.

Legal References:

CALCRIM No. 2330 | California Health and Safety Code 11379.6 HS11379.6 HS

Cyrus Tabibnia

Cyrus Tabibnia

Cyrus Tabibnia, also known as Shahrooz Tabibnia, is a criminal defense lawyer in Los Angeles, California. With a law degree from Loyola Law School, Los Angeles, he has been practicing law since 2005 and holds license #237348. With over 18 years of experience, Cyrus specializes in various misdemeanor and felony criminal Law including Domestic Violence, Theft Crime, Sex crime, DUI & DWI, Personal Injury, Employment Law, and Cannabis & Marijuana Drugs Law. Being bilingual in English, Persian, and Spanish enables him to effectively communicate with a diverse range of clients. From 2014 to 2018, he served as a board member of the Iranian American Bar Association. An expungement attorney in Los Angeles who can assist you in clearing your criminal record in the state of California.

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