Health and Safety Code 11379.6 HS is the law that punishes the manufacturing of controlled substances. The consequences of facing charges under this statute are significant and can have far-reaching implications for your life and liberty.
Individuals fighting manufacturing drug charges in Fresno want to seek the help of an experienced criminal lawyer. We are on standby at the California Criminal Lawyer Group, ready to offer expert legal assistance. Our team of seasoned attorneys specializes in California drug laws, providing robust defense strategies to those accused under 11379.6 HS.
If you or someone you know is facing charges for manufacturing a controlled substance, we are here to help. You do not want to fight these charges alone. So, call us today to schedule a consultation.
What Does It Mean To “Manufacture” A Controlled Substance?
Under California Health and Safety Code 11379.6, "manufacture" encompasses many activities related to the production of illegal drugs. These activities include the actual creation of a drug and any step in the preparation, compounding, conversion, or processing of a controlled substance. You could be charged under this statute if you are directly involved in the synthesis of a drug or engaged in any preparatory activity.
For example, if you are found with equipment and chemicals known to be used in the synthesis of methamphetamine, even if the drug is not in its final consumable form, the presence of these materials, combined with evidence of intent to produce methamphetamine, can lead to charges of manufacturing a controlled substance.
How Can a Defense Attorney Fight These Charges?
There are several defense strategies that an experienced attorney might employ to challenge California HS 11379.6 charges effectively. These include the following:
Only Preparatory Acts
In some cases, the activities associated with drug manufacturing might not cross the legal threshold into actual production. Defense attorneys can argue that the actions of the defendant were merely preparatory.
This means that while some initial steps might have been taken toward manufacturing a controlled substance, these actions did not constitute the actual manufacturing process as defined by the law.
This argument hinges on demonstrating that the activities were developing and did not progress to a point where the controlled substance was being produced.
Unlawful Search And Seizure
The Fourth Amendment of the US Constitution guards against unreasonable searches and seizures. Evidence is often obtained in controlled substance manufacturing cases through property or personal possession searches.
It could be considered unlawful if such a search is conducted without a proper warrant or does not fall under the exceptions to the warrant requirement.
Your defense attorney can challenge the admissibility of evidence obtained from an unlawful search and seizure. This process involves scrutinizing the methods used by law enforcement to obtain evidence.
If the defense successfully argues that the search was illegal, any evidence gathered due to that search may be excluded from the trial. This exclusion can significantly weaken the prosecution's case, as it may rely heavily on the suppressed evidence.
Entrapment
Entrapment is a defense that can be used when a defendant argues that they were induced to commit a crime by law enforcement officers or their agents, which they would not have committed otherwise.
This defense is particularly relevant in undercover operations where law enforcement might be accused of overstepping their bounds to persuade someone to engage in criminal activity.
To successfully argue entrapment, the defense must demonstrate that the idea and motivation for the criminal conduct originated with law enforcement rather than the defendant.
This involves proving that the defendant was not predisposed to commit the crime before the law enforcement officers initiated contact or encouraged the criminal activity.
No Participation
The "No Participation" defense is applicable in cases where you are accused of manufacturing a controlled substance, but in reality, you had no active role in the process.
This defense asserts that you were either falsely accused or mistakenly identified as a participant in the drug manufacturing operation. Evidence or testimonies that could establish your lack of involvement in the manufacturing activities include the following:
- Proving your absence from where the manufacturing was taking place.
- Demonstrating a lack of knowledge about the activities.
- Showing no connection to the equipment or substances used in the manufacturing process.
Mistaken Identity
Mistaken identity defense is applicable when you are wrongly identified as involved in manufacturing a controlled substance. This can occur for various reasons, such as unreliable eyewitness testimony, incorrect photographic identification, or misinterpreting evidence.
In employing this defense, the attorney focuses on proving that the defendant was not the person who committed the alleged crime. This may involve presenting alibi evidence, showing inconsistencies in witness descriptions, or challenging the reliability of identification methods used by law enforcement. The goal is to cast doubt on the prosecution's claim that the defendant was the individual involved in the manufacturing process.
Lack Of Knowledge
The "Lack of Knowledge" defense is based on the principle that a defendant cannot be guilty of manufacturing a controlled substance if unaware of their involvement in such activities.
This defense is particularly relevant in situations where a person may have been inadvertently caught up in a drug manufacturing operation without their knowledge or consent.
To argue this defense effectively, your defense attorney should provide evidence or testimony that demonstrates your lack of awareness about drug manufacturing activities.
This could include showing that you did not know of the presence of manufacturing equipment or substances at your residence or workplace or proving that you were misled about the nature of the activities you were involved in.
Sentencing and Punishment After an HS 11379.6 Conviction
A conviction under California HS 11379.6 carries severe legal consequences. First, a conviction typically results in felony charges. The exact penalties depend on various factors, including the following:
- The type and amount of substance manufactured.
- Prior criminal history.
- The case's specific circumstance.
Imprisonment for manufacturing a controlled substance can include 3, 5, or 7 years in state prison, depending on the severity and specifics of the case.
Additionally, fines can amount to $50,000.
Beyond these immediate penalties, a felony conviction has long-lasting effects on a person's life, impacting employment opportunities, housing, and social relationships.
It is also important to note that certain aggravating factors can enhance these penalties. The factors include:
- Involving minors in the manufacturing process.
- A prior criminal record involving similar drug offenses.
- Serious injury or death resulting from the drug offense.
- Possession or manufacture of a substantial quantity of drugs.
Can an 11379.6 HS Conviction Result in Deportation?
One of the most pressing concerns for non-U.S. citizens facing a conviction is the possibility of deportation. A conviction for manufacturing a controlled substance is generally considered an "aggravated felony" or a "crime involving moral turpitude," both of which are categories that can trigger deportation.
Expunging Your Conviction
The eligibility for expungement under California law, especially for a conviction under HS 11379.6, is subject to specific criteria. Typically, expungement is available to those who have completed their probation, have not been charged with or convicted of another crime, and have met all the requirements of their sentence, including any fines, restitution, and community service.
Expungement does not completely erase the conviction. For example, an expunged conviction can still affect sentencing for future offenses and may still be considered for purposes of professional licensing and immigration status. However, it does relieve certain burdens, such as easing employment background checks.
Does Conviction Affect Gun Rights?
A felony conviction under 11379.6 HS prohibits individuals from acquiring, possessing, or owning firearms. This prohibition is not just temporary; it typically applies to life. The rationale behind this strict regulation is rooted in public safety concerns, aiming to minimize the risk of firearms being in the hands of individuals convicted of serious offenses.
For those who already own firearms, a conviction would mean they are legally required to relinquish their guns. Failure to comply with these laws can lead to additional criminal charges.
Restoring gun rights after a felony conviction is challenging and often requires a complex legal process, including potential reductions of felonies to misdemeanors and obtaining a governor's pardon.
Related Offenses
California classifies several offenses as related to the manufacturing of a controlled substance. These related offenses can sometimes be charged in conjunction with, or instead of, a manufacturing charge.
Possession Of A Controlled Substance – HS 11350
Under California Health and Safety Code 11350, it is illegal to possess certain controlled substances without a valid prescription. This law targets drugs that are often associated with abuse and dependency, such as cocaine, heroin, and non-prescribed prescription drugs like certain painkillers.
Possession For Sale Of A Controlled Substance – HS 11351
Possession of controlled substances intending to sell is more severe than mere possession (HS 11350), as it involves an element of distribution. Unlike simple possession, which might be for personal use, possession for sale indicates a step toward the proliferation of controlled substances in the community.
The key element in this charge is the intent to sell. Law enforcement and prosecutors often rely on circumstantial evidence to prove this intent, such as the quantity of the substance, packaging, scales, or communications indicating sales activity.
Sale of a Controlled Substance – HS 11352
In California, it is a criminal offense to sell, furnish, administer, give away, transport, or import into California any controlled substance.
HS 11352 applies to a wide range of controlled substances, including, but not limited to, heroin, cocaine, and certain prescription drugs that are frequently abused. The active distribution or sale element distinguishes this offense from others, which carries more severe legal implications than mere possession or possession for sale.
Cultivation of Marijuana – HS 11358
The cultivation, harvesting, drying, or processing of marijuana plants without complying with state law is a criminal offense. While the personal cultivation of marijuana is allowed in California, it is subject to strict regulations, including limits on the number of plants and the requirement that cultivation must be for personal use.
HS 11358 sets a limit on the number of marijuana plants an individual can grow, which is currently up to six plants per residence. Additionally, cultivation must be done in a secure area that is not visible to the public.
Violating these regulations can lead to criminal charges, which vary in severity based on the number of plants, the grower's criminal history, and whether the cultivation was for personal use or sale.
Possession For Sale Of A Controlled Substance – HS 11351
This statute deals specifically with the possession of controlled substances with the intent to sell. This offense is more severe than mere possession (HS 11350), as it involves an element of distribution.
Unlike simple possession, which might be for personal use, possession for sale indicates a step toward the proliferation of controlled substances in the community.
Law enforcement and prosecutors often rely on circumstantial evidence to prove this intent, such as the quantity of the substance, packaging, scales, or communications indicating sales activity.
Convictions under HS 11351 can result in more severe penalties than simple possession, including longer prison sentences and larger fines, reflecting the law's harsher stance on distribution activities.
Possession of Marijuana – HS 11357
While marijuana has been legalized for recreational use in California, Health and Safety Code 11357 addresses situations where possession of marijuana falls outside these legal boundaries. This statute details the limitations and circumstances under which possessing marijuana can still be considered an offense.
Under HS 11357, it's illegal for individuals under the age of 21 to possess marijuana. Additionally, possession of marijuana over the legally allowed amount (which, as of my last update, is up to 28.5 grams for personal use for those 21 and older) can lead to criminal charges. The law also stipulates different rules for the possession of concentrated cannabis, which is subject to stricter quantity limits.
Violations of HS 11357 can result in a range of penalties, from fines for minor infractions to potential jail time for more significant offenses, such as possession of large quantities of marijuana or possession by minors.
This statute reflects the nuanced approach California takes towards marijuana, balancing its legal use with regulations to prevent abuse and underage access.
Possession for Sale of Marijuana – HS 11359
California HS 11359 specifically addresses the possession of marijuana with the intent to sell it. Despite the legalization of marijuana for personal use, the sale of marijuana without proper licensing remains illegal under state law.
Key factors that may indicate intent to sell include the quantity of marijuana, the presence of packaging materials, scales, or other selling paraphernalia, and communications indicative of sales transactions.
Sale of a Controlled Substance – HS 11360
This statute deals with the sale, transportation, furnishing, giving away, or offering to sell marijuana. While personal use of marijuana is legal in California, HS 11360 criminalizes the unauthorized sale and distribution of marijuana, reflecting the state's intention to regulate and control the sale of this substance.
HS 11360 covers various aspects of marijuana distribution, not just the direct sale. It includes transportation with the intent to sell, which can involve moving large quantities of marijuana with the intent to distribute it. The law also targets those who furnish or give away marijuana, which can include actions like sharing large quantities that imply an intent to distribute.
Possession of Drug Paraphernalia – HS 11364
Per California HS 11364, it is illegal to possess drug paraphernalia. The statute broadly covers items used for unlawfully injecting or smoking controlled substances. Common examples of drug paraphernalia include pipes, bongs, cocaine spoons, and syringes, among others.
Convictions under HS 11364 can lead to misdemeanor charges, resulting in fines and potential jail time. The severity of the punishment often depends on the individual's criminal history and the case's specific circumstances.
Given the wide range of items that can be considered drug paraphernalia, this law requires careful interpretation. Legal guidance is essential for those charged under this statute to understand the law and develop an effective defense strategy.
Operating a Drug House – HS 11366
This statute makes it illegal to maintain a place to give away, sell, or use controlled substances. This law is commonly called the "operating a drug house" statute. It is designed to target locations where drug activity is regularly conducted, such as houses, apartments, or other buildings.
The key aspect of HS 11366 is the ongoing or continuous nature of the activities. To be charged under this statute, there must be evidence of repeated and continuous drug-related activity at the location. This could include evidence of regular transactions, the presence of drug paraphernalia, or frequent visits by known drug users.
Renting a space for the distribution of a controlled substance – HS 11366.5
California HS 11366.5 addresses the issue of renting, leasing, or making available space for manufacturing, storing, or distributing any controlled substance. This statute specifically targets those who provide or maintain a location for drug-related activities, even if they are not directly involved in the manufacturing or distribution themselves.
HS 11366.5 is aimed at individuals who facilitate drug trafficking by providing a physical space for these illegal activities. This could include landlords who knowingly rent out their properties for drug labs or storage or individuals who allow their premises to be used for drug transactions.
Money Laundering From Drug Proceeds – HS 11370.9
Money laundering under HS 11370.9 involves depositing, withdrawing, exchanging, or transferring money derived from drug trafficking. The law aims to disrupt the financial infrastructure that supports the drug trade, recognizing that money laundering is a critical component that allows drug operations to flourish.
Convictions for money laundering from drug proceeds can result in severe penalties, including lengthy prison sentences and substantial fines. The law considers the amount of money involved, with higher penalties for larger sums. The severity of the punishment reflects the serious nature of the offense and its impact on the broader issue of drug trafficking.
Given the complexity of money laundering cases and the severe consequences of a conviction, individuals accused under HS 11370.9 should seek skilled legal representation to navigate their case's intricacies and mount an effective defense.
Possession of Methamphetamine – HS 11377
California HS 11377 makes it illegal to possess methamphetamine without a valid prescription. Methamphetamine, commonly known as meth, is classified as a controlled substance due to its high potential for abuse and its dangerous health implications.
This statute applies to the unlawful possession of meth for personal use. The severity of the legal consequences for a conviction under HS 11377 can vary depending on several factors, such as the amount of methamphetamine in possession, the individual's criminal history, and the specific circumstances of the case.
Typically, possession of methamphetamine is charged as a misdemeanor, which can result in penalties such as fines, probation, or jail time. However, under certain circumstances, such as possessing large quantities or having prior serious felony convictions, the charge can be elevated to a felony, leading to more severe penalties.
Possessing Materials For The Manufacturing Of Controlled Substances – HS 11383
In California, possessing certain chemicals and materials intended to be used for manufacturing controlled substances is illegal. HS 11383 is part of a broader legal strategy to combat drug manufacturing by targeting the supply chain of the necessary components.
To be convicted under HS 11383, the prosecution must prove that you possessed the materials with the specific intent to use them for drug manufacturing.
Find a Bakersfield Criminal Lawyer Near Me
Facing criminal charges under HS 11379.6 or related statutes can be a daunting experience with potentially life-altering consequences. Understanding the charges and mounting a robust defense requires the expertise and guidance of a seasoned criminal lawyer.
At the California Criminal Lawyer Group, we defend individuals accused of drug-related offenses. We bring a wealth of experience, a deep understanding of the legal system, and a commitment to defending our clients' rights.
If you or someone you know is seeking legal counsel in the Bakersfield area, contact us at 661-750-8230. We are here to help you maneuver through these challenging times with expert advice and unwavering support.
