Many of the drug laws in California are aimed at preventing the transportation, sale and use of illegal drugs. Many law enforcement agencies, including those at the Federal and local level, work to prevent drugs from entering the United States. However, the rise in popularity of drugs such as methamphetamine and ecstasy has led to an increase in local drug manufacturing operations. Under California Health and Safety Code Section 11379.6 HSC, manufacturing a controlled substance is illegal and those convicted often face lengthy prison sentences.
Production of Controlled SubstancesUnder this statute, any defendant who manufactures, compounds, converts, produces, derives, processes or prepares a controlled substance can be guilty of a felony offense. This includes sophisticated drug laboratories as well as low-key homemade methamphetamine production operations. The production of controlled substances often involves the use of highly reactive chemicals that can combust and explode if mishandled.
Felony Level OffenseManufacturing a controlled substance is a felony level offense under California Health and Safety Code Section 11379.6 HSC. Those who are convicted of this crime can be sent to prison for up to seven years.
A defendant can face additional prison time if certain aggravating factors are present. If the defendant was producing methamphetamines, GHB or PCP he or she can be sentenced to an additional prison term of three years where the controlled substance involved exceeds three gallons of a liquid or one pound of a solid, five years where the substance exceeds ten gallons of a liquid and three pounds of a solid, ten years where the substance exceeds 25 gallons of a liquid and ten pounds of a solid and fifteen years where the substance exceeds 105 gallons of a liquid or 44 pounds of a solid. This additional prison time would be served consecutively to any sentence imposed on the underlying offense.
Injuries or Death as a Result of Manufacturing Controlled SubstancesIf someone is injured or killed as the result of a defendant’s offense, he or she can be sentenced to an additional year in prison. If a child under the age of 16 lived at the location where methamphetamines were being produced, the judge can require the defendant to serve an additional two years in prison. If a minor under 16 is injured as the result of the production of a controlled substance, the defendant will face an additional five years in prison. A defendant can also be sentenced to additional prison time if he or she has a previous conviction for possession of a controlled substance for sale under California Health and Safety Code Section 11351 HSC, transporting or selling a controlled substance under California Health and Safety Code Section 11352 HSC or possessing or selling methamphetamine under California Health and Safety Code Section 11378 and 11379 HSC. The defendant can be sentenced to an additional three years for each prior felony conviction he or she has under these code sections.
In addition, a defendant may be guilty of a criminal offense if he or she is found to be in possession of drug manufacturing materials. Under California Health and Safety Code Section 11383 and 11383.5 HSC, a defendant who is convicted of possessing the materials required to manufacture controlled substances can be sentenced to serve up to six years in prison. In many cases, the defendant will be arrested after buying large amounts of cold medications from pharmacies, which can be used in the production of methamphetamine.
If you or a loved one is being investigated or has been arrested for manufacturing a controlled substance, it is absolutely critical that you speak with an attorney who has significant experience in litigating drug cases. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Michael Kraut is highly skilled at representing clients charged with all varieties of drug offenses.
For more information about manufacturing a controlled substance, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.