Posted on June 22, 2015
California HS 11379.6 – Manufacturing a Controlled Substance
Manufacturing a controlled substance carries substantial penalties if convicted. Because manufacturing a narcotic requires the sensitive mixing of flammable substances, prosecutors and law enforcement treat these cases very seriously since manufacturing consists of dangerous substances capable of causing an explosion. However, prosecuting someone under this statute may be more tedious and challenging than most would think. The process by which a chemical extraction is conducted must be examined closely to determine whether someone is in violation of the statute. Most cases require the use of a chemical expert to conduct a defenses investigation and test to determine whether someone’s alleged manufacturing project is in fact illegal. Do not assume that because you have been accused or arrested for this crime you are guilty of this crime. If you are under investigation or charged with manufacturing narcotic substance contact the Law Offices of John D. Rogers right away. The best approach to defeating drug manufacturing charges is early criminal defense attorney intervention.
Drug Manufacturing Defined
In California, manufacturing a controlled substance is governed under HS 11379.6 which provides, “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 … is guilty under this statute.”
Elements of the Crime
According to CALCRIM 2330, in order for someone to be found guilty of manufacturing a controlled substance, the prosecutor must prove each element beyond a reasonable doubt:
1. Defendant manufacturing/compounded/converted/produced/derived/processed a controlled substance using chemical extraction or independent chemical synthesis
2. Defendant knew of the substance’s nature and character as a controlled substance
• You did not know you were manufacturing an illicit narcotic substance
• You were not chemically extracting but could be water based extraction
• The substance you were manufacturing is not an illicit narcotic substance
• 3, 5, or 7 years in California state prison
• Up to $50,000 in fines
• Counseling / Drug Rehabilitation Programs
• Register as a Narcotics Offender
• Adverse Immigration Consequences
Pursuant to HS 11379.7(a), if any person under the age of 16 is present within the same structure as the controlled substance, one faces an additional two years in state prison to run consecutive with the above sentence. Additionally, if any person under the age of 16 suffers great bodily injury, then one faces an additional five years in state prison to run consecutive. The term structure is defined under HS 11379.7(c) as any “house, apartment, building, shop, warehouse, barn, building, vessel, railroad, car, cargo container, motor vehicle, house car, trailer, etc.”
In certain cases where the court sentences you to probation and you do not spend time in California state prison, you may be eligible to expunge your conviction pursuant to PC 1203.4. In that case, the court withdraws its finding of guilt and the case is then dismissed in accordance with the statute. At that point, you will be judicially declared to be statutorily rehabilitated and you can truthfully state on job applications in the private sector that you have not been convicted of a crime. PC 1203.4 rewards those who have portrayed good moral reform and as such releases you from all “penalties and liabilities” as a result of the conviction. For more information or to discuss you eligibility for expunging your record for any drug offense, contact the Law Offices of John D. Rogers.
Contact Us to Schedule a Free Consultation
If you have been arrested or charged with manufacturing a controlled substance, contact an experienced Orange County Drug Crimes Attorney at the Law Offices of John D. Rogers. Call (949) 625-4487 for a free confidential consultation concerning your rights and defenses.