In California, it is illegal for a person to engage or offer to engage in any of the initial, intermediate, or final steps that are involved in the unlawful production of drugs, narcotics, or controlled substances. This offense is further enhanced when the controlled substance is manufactured by chemical extraction of a volatile solvent. Generally, when people hear that someone is facing manufacturing drug charges, the first thing that comes to mind is hash oil. This is because it has become extremely popular to produce this controlled substance by using butane to chemically extract and concentrate compounds of marijuana. Manufacturing butane hash oil is considered a highly dangerous activity because of the explosive nature of butane. In San Diego, the use of this volatile solvent to chemically extract concentrated cannabis within 300 feet of an occupied residence will result in a sentence enhancement. This is because the explosion of butane canisters can cause great bodily injury or death to another person making this an aggravating factor for drug manufacturing charges.<\/p>\n
California Health and Safety Code section 11379.6 prohibits any activity that lends itself to the process of manufacturing illegal substances. Which means that in California, you don\u2019t need to be involved in the actual making of the controlled substance to be liable for drug manufacturing. Merely being in possession of a precursor chemical known to be required for the process of manufacturing a controlled substance is a chargeable offense. The presumption in California, under Health and Safety Code section 11383, is that a person in possession of immediate precursors at the same time, if sufficient for manufacturing a controlled substance, will be presumed to be in possession of the controlled substance.<\/p>\n
Example<\/span>: It is illegal to possess hydriodic acid with the intent of manufacturing methamphetamine.<\/p>\n Any chemical or chemical compound known to be required for the process of manufacturing a controlled substance.<\/p>\n Any substance for which use and distribution requires a license by the government because it is controlled by law.<\/p>\n Example<\/span>: Marijuana<\/p>\n Example<\/span>: Morphine<\/p>\n Example<\/span>: Steroids<\/p>\n Example<\/span>: Zolpidem<\/p>\n Example<\/span>: Smaller doses of Codeine<\/p>\n In consideration of the seriousness of drug manufacturing, California Health and Safety Code section 11379.6 has criminalized it under Penal Code section 1170(h). Under this law, \u201cEvery 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.\u201d<\/p>\n Basically, for criminal liability to attach to California Health and Safety Code section 11379.6, the prosecutor must prove the following two elements:<\/p>\n The defendant had dominion, control, or ownership of illicit substances.<\/p>\n The defendant had a mental realization and desire to manufacture illicit substances.<\/p>\n A conviction for manufacturing a controlled substance or illicit drug will expose you to felony sentencing.<\/p>\n An enhancement offense is an offense whose commission alone, increases the penalties for the underlying crime. In other words, you could face a sentence of additional time and consecutive terms in state prison for enhanced offenses. If convicted for drug manufacturing, the prosecutor could request more severe sentencing due to the following enhancement offenses:<\/p>\n You manufactured large quantities of substances that contain PCP, Methamphetamines, or GHB.<\/p>\n The manufacturing took place near schools, playgrounds, where children lived or children were present or harmed.<\/p>\n While manufacturing PCP or Methamphetamines, you caused another person to suffer great bodily injury or death.<\/p>\n You have certain drug-related prior convictions.<\/p>\n If you are facing drug manufacturing charges for getting caught with a completed product, it may seem like you won\u2019t have much of a defense. Don\u2019t give up, in such situations, the best strategy will be to look for ways to mitigate the punishment\u2014a skilled defense attorney will be able to establish the most effective strategy for your particular case. Here are a couple of the mitigating factors an experienced drug manufacturing criminal defense attorney can argue for the court to consider ordering less severe penalties:<\/p>\n By skillfully playing down these factors, the right criminal defense\u00a0attorney could make a case for intent for production for personal use. This will help to reduce your culpability and could lower the potential sentence drastically.<\/p>\n <\/p>\n Drug manufacturing is a serious charge and convictions may result in several years in prison, huge fines, or both incarceration and fines. Manufacturing drugs charges are highly technical and require a deep knowledge in the area. Contact our team of attorneys at (619) 405-0063, he practices this specialized area of criminal defense<\/a> and will gladly review the facts of your case, explain your options, and advise you of the possible consequences. You need a local attorney familiar in the specific judicial system your case is presented before, especially in relation to drug offense charges<\/a>, from drug diversion charges<\/a> to charges for drug manufacturing. We’re reputable criminal lawyers in San Diego, and we know how local judges and prosecutors operate, so you can rely on us to provide the most effective defense.\u00a0 Contact San Diego Drug Manufacturing Criminal Defense Attorneys for a FREE consultation today at: 619-405-0063<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" Drug Manufacturing in San Diego In California, it is illegal for a person to engage or offer to engage in any of the initial, intermediate, or final steps that are involved in the unlawful production of drugs, narcotics, or controlled substances. This offense is further enhanced when the controlled substance is manufactured by chemical extraction […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-158","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\nPrecursor Chemical:<\/h3>\n
\n
Controlled Substance:<\/h3>\n
\n
Controlled Substances Are Classified Into 5 Schedules<\/h2>\n
\n
\n
\n
\n
\n
Understanding Health and Safety Code Section 11379.6<\/h2>\n
First, possession.<\/h3>\n
Second, intent.<\/h3>\n
Drug Manufacturing Offenses Are Felonies<\/h2>\n
Felony Penalties for Manufacturing a Controlled Substance:<\/h3>\n
\n
Felony Penalties for\u00a0Offering to Manufacture a Controlled Substance:<\/h3>\n
\n
Enhancements for Drug Manufacturing<\/h2>\n
\n
Large Quantities<\/h3>\n<\/li>\n<\/ul>\n
\n
Children<\/h3>\n<\/li>\n<\/ul>\n
\n
Great Bodily Injury or Death<\/h3>\n<\/li>\n<\/ul>\n
\n
Criminal History<\/h3>\n<\/li>\n<\/ul>\n
Factors to Mitigate Drug Manufacturing Charges<\/h2>\n
\n
Reduce Quantity of Controlled Substance<\/h3>\n<\/li>\n<\/ul>\n
\n
Reduce Quality of the Product<\/h3>\n<\/li>\n<\/ul>\n
\n
Reduce Size of Lab<\/h3>\n<\/li>\n<\/ul>\n
How do you beat manufacturing charges and secure a not guilty verdict?<\/h2>\n
\n
\n
\n
\n
Your Best Defense against Drug Manufacturing Charges in San Diego<\/h2>\n