Health & Safety Code section 11379.6 prohibits illegally manufacturing, compounding, converting, preparing, deriving, producing, processing, or offering to engage in any of these acts with respect to certain controlled substances. Some commonly illegally manufactured controlled substances include methamphetamine, cocaine, heroin, ecstasy, PCP, and LSD.
You may be prosecuted and convicted under this code section even if the manufacturing process is not complete. This crime is considered complete when you knowingly participate in the initial or intermediate steps involved in processing a controlled substance. Knowledge that the chemical is a logical precursor to manufacture a controlled substance is normally required.
Health & Safety Code section 11379.6 is an irreducible felony offense and carries with it a potential sentence of three, four, or five years in state prison. If children are present in the home, however, you may face additional penalties of up to five years. Similarly, you may face increased penalties if you are convicted of manufacturing a large quantity of the controlled substance, if you cause another person to suffer great bodily injury or death, or you have certain drug prior convictions.
If you are charged with the serious crime of manufacturing a controlled substance, contact a skilled Murrieta drug attorney today at the Law Offices of Parwana Anwar, PLC. The prosecution may charge this crime even though you may have a valid legal defense. Some examples of legal defenses include, the fact that your acts may be merely preparatory, the manufacturing crime was discovered through an unlawful search and seizure, or that you were present at the location but had no knowledge of the illegal activity taking place. A knowledgeable drug attorney will have the skill to fight this charge and keep you from needlessly suffering a felony conviction.
Another related charge to that of Health & Safety Code section 11379.6 is Health & Safety Code section 11366.5, allowing others to manufacture, store or sell controlled substances in any building, home, room or space that you have under your control or that you own. This offense is wobbler, meaning it can be charged as either a misdemeanor or a felony. If charged as a misdemeanor, it carries with it up to one year in county jail. A felony, however, carries with it 16 months, two years, or three years in state prison. A subsequent conviction for this section is a felony and is punishable by two, three or four years in state prison.
A similarly related offense to that of manufacturing is California Health & Safety Code section 11366. This charge prohibits the maintenance or operation of any place for the purposes of selling or furnishing controlled substances. This crime is commonly known as operating or maintaining a drug house. The law requires more than one incidence of selling or furnishing controlled substances from that location in order to find you guilty of this offense. This crime is also a wobbler offense, meaning it can be charged as either a felony or a misdemeanor. As a misdemeanor, it is punishable by up to one year in county jail and/or a $1,000 fine. As a felony, it carries with it up to three years in state prison and a $10,000 fine.
Contact a skilled Temecula criminal defense attorney today at 951-698-1250 for your free consultation.