Drug-related offenses can be costly and disruptive, but a drug manufacturing conviction can be a particularly terrifying experience. Law enforcement agencies and prosecutors are already highly aggressive when it comes to pursuing non-violent drug charges. This means when the prosecution team feels they have a compelling case, they will more likely pursue severe consequences for offenders charged in Sacramento.

If you’re convicted of these charges, you can be subject to a prison term of up to seven years and fines as high as $50,000. Indeed, that is if your charges are only relatively simple and not related to federal or supplementary charges like racketeering, a violent crime, or gang-related activity.

Consulting with a criminal defense lawyer who understands the local legal landscape and can build a solid defense strategy against drug manufacturing charges is a crucial initial step after your arrest. At California Criminal Lawyer Group, we will fight for you every step of the way and ensure you obtain the best possible outcome.

Drug Manufacturing Defined

The state’s Health and Safety Code (HSC) 11379.6 illegalizes the manufacturing, conversion, production, obtaining, processing, or preparation of any controlled substance through chemical synthesis or chemical extraction. A prevalent example is running a meth lab. We have a few exceptions for medical marijuana utilized for therapeutic effects.

However, in a general criminal law setting, you are guilty of drug manufacturing if you’re involved in any step of manufacturing a controlled substance. Even if you sell specialized equipment, various required chemicals, or merely offer to assist with manufacturing narcotics or drugs, you can face drug manufacturing criminal charges.

Elements of the Crime

Elements of the crime are the facts the prosecution team must prove for a defendant to be found guilty of a particular crime. For the judge to convict you of manufacturing drugs, the prosecuting attorney has to prove these facts beyond a reasonable doubt:

  • You manufactured, prepared, produced, or compounded a controlled substance.
  • You were aware the drug was a controlled substance.

A controlled substance refers to a drug regulated under the U.S Controlled Substances Act. It doesn’t matter whether the drug is Schedule V, Schedule IV, Schedule III, II, or I. Examples of controlled substances include methamphetamine, LSD, PCP, marijuana, cocaine, heroin, and ecstasy.

As concerns knowledge, the prosecuting attorney must show that you were aware the drug you were manufacturing was a regulated substance. However, they don’t need to prove you knew what specific narcotic was involved. The D.A is only required to prove that you knew the substance was regulated under the U.S Controlled Substances Act.

Additionally, you need not have completed the drug manufacturing process to be guilty. You are guilty as long as the prosecution can prove you:

  • Knowingly took part in the narcotic production process, and
  • The participation was at the intermediate or beginning steps of the process.

The U.S Controlled Substances Act (CSA)

In the U.S, controlled substances are regulated by the national government. Under the nation’s CSA, drugs are classified depending on their safety level, medical uses, and potential for abuse. However, most people have criticized how particular drugs are classified under this system. Although it is legal for medicinal and recreational applications in California, marijuana is categorized as a Schedule I drug, same as heroin.

We have five categories of drugs under the U.S CSA. Generally, any drug under Schedule I is considered highly dangerous, while those classified under Schedule V are the least detrimental.

Drugs classified as Schedule I are deemed not to have any valid medicinal value. They are also considered to have a higher possibility for abuse. These include marijuana, LSD, GHB, mescaline, and MDMA.

Drugs under Schedule II are deemed to have a high likelihood for abuse and a presently accepted medicinal value. These drugs include OxyContin, meth, morphine fentanyl, and Percocet.

Drugs under Schedule III are deemed to have a presently accepted medicinal value with a slight possibility for abuse, yet are considered safer compared to Schedule II and I drugs. Drugs under this classification include prevalently prescribed appetite suppressants, antidepressants, and steroids.

Drugs under Schedule V and IV are deemed to have the least possibility of abuse than Schedule III, II, and I drugs. These include several common prescription medications like Ativan, Ambien, Valium, and Xanax.

Penalties for Manufacturing Drugs

The consequences of manufacturing drugs in violation of HSC 11379.6 depend on the manufacturing location, the defendant’s criminal history, the quantity of the drug involved, and whether any other criminal activity was taking place. Generally, manufacturing drugs is considered a felony punishable by $50,000 in fines and seven, five, or three years in prison.

Simply offering to produce or manufacture narcotics is punishable by five, four, or three years in state prison, even if you never handled any drugs. As we mentioned, a conviction doesn’t require that you completed the drug manufacturing process. It only requires proof that you knowingly participated in the intermediate or beginning steps to manufacture a narcotic.

The consequences of a drug manufacturing conviction in California State are stiff as it is. But various aggravating factors could result in enhanced penalties. These include:

  • Prior convictions.
  • Causing serious injury or death.
  • Manufacturing large quantities of drugs.
  • Manufacturing drugs near children.

Manufacturing Drugs with Children Present

Manufacturing meth is a risky process that involves toxic chemicals and the risk of explosion or fire. Due to the dangers involved, you’ll face a severe sentence enhancement if you make it near a minor. If you’re found guilty of producing meth and a child under sixteen years was present during the manufacturing process, you’ll be subject to an additional and consecutive two years of prison term. If a child below sixteen years suffers a severe bodily injury because of your manufacturing, you’ll face an additional and consecutive five years in prison.

Causing Serious Injury or Death

You could face additional consequences if someone else is killed or injured during the drug manufacturing process. For every person who dies or is injured because of your production action, you will face an additional and consecutive year in prison. However, you won’t receive an enhanced sentence if the deceased or injured party was your accomplice in the manufacturing operation. Consider this example to understand better:

You and your accomplice are in the middle of making meth when the lab catches fire and explodes. You end up with a severe injury, and your accomplice dies on the spot. Two passers-by also end up badly injured due to the explosion. The judge convicts you of drug manufacturing and sentences you to seven years in prison. They also increase your sentence by two years, one for each person that was injured. There won’t be an additional term for the dead accomplice or injuries you suffered.

Manufacturing Large Quantities of Drug

You’ll face an additional prison term if you’re found guilty of producing a large drug quantity. The controlled substances that can result in an enhanced penalty are GHB, PCP, and methamphetamine. Manufacturing a large amount of any of the mentioned narcotics will trigger an additional and consecutive prison term. The sentence enhancements are:

  • Where the narcotic is more than 44 pounds of solid substance by weight or 105 gallons of liquid by volume, you will face an additional fifteen years in prison.
  • If the narcotic is above ten pounds of solid elements by weight or 25 gallons of liquid by volume, you will be subject to an additional ten years in.
  • If the drug exceeds three pounds of solid substance by weight or ten gallons of liquid by volume, you will serve five more years in prison.
  • Where the drug is more than one pound of solid elements by weight or three gallons of liquid by volume, you’ll be subject to three more years in prison.

Prior Convictions

Given prior convictions of drug-related offenses may make you face a lengthier sentence than what you would otherwise serve. Whether they’re for the activity itself or conspiracy, these past convictions can subject you to three more years of prison term for every qualifying past conviction. If you’re guilty, your sentence will be increased by the qualifying period irrespective of whether you served a prison term or not. Priors that would lead to a sentence enhancement include:

  • The sale of meth.
  • Possession of meth for sale.
  • The sale or transportation of a drug.
  • Controlled substance possession for sale.
  • Manufacturing of a drug.

Other aggravating factors include if you:

  • You manufactured meth within 200 ft. of an occupied structure or residence with someone else present.
  • You used a volatile solvent to chemically extract concentrated cannabis within 300 ft. of an occupied structure or residence with someone else present.

Manufacturing drugs could also involve other criminal activities. Drug manufacturing can be associated with gang activity, drug sales, weapon charges, and organized crime. This could lead to multiple felony charges, including conspiracy to commit criminal offenses linked with several individuals involved in manufacturing drugs.

Apart from fines and a prison sentence, the judge can impose several parole conditions after you’re released from incarceration. This includes avoiding association or contact with given individuals, mandatory check-ins with a parole officer, agreeing to random police searches, mandatory drug testing.

Mitigating the Consequences of Manufacturing Drugs

In cases where the prosecution has a well-investigated, logical case to prosecute the defendant, a skilled drug lawyer may find strategies to mitigate the resulting punishment. For instance, if you’ve been charged with drug manufacturing and your lawyer can prove that you manufactured the drug only for personal use, you could face lenient penalties. Other factors such as the absence of a minor during the manufacturing process may also result in a lenient sentence.

If you’re charged with possessing specific equipment or chemicals required for making a narcotic, your lawyer can usually find ways to dismiss or disprove the intention to make drugs. Ingredients or equipment that are used to manufacture a narcotic can also have other uses. If your lawyer can prove that you didn’t possess or purchase the equipment/ingredients with the intent to produce narcotics, a jury or judge may find you not guilty of a drug manufacturing charge. Only an expert drug crimes lawyer can review your case and assist you in navigating the intricate criminal justice system.

Immigration Consequences

A drug manufacturing conviction can have adverse immigration repercussions. HSC 11379.6 violation is considered a crime of moral turpitude. Crimes that involve moral turpitude could lead to an immigrant being either labeled as inadmissible or deported. Additionally, drug manufacturing is an aggravated felony per California law. For an aggravated felony, deportation is mandatory.

Also, given forms of relief aren’t available if you’ve been convicted of an aggravated felony. These include:

  • Permission to reapply for admission to the United States after deportation/I-212 hardship waivers.
  • Asylum relief.
  • Cancellation of deportation under 8 U.S.C 1229b(a)(3).

A Drug Manufacturing Conviction Effect on Gun Rights

You’ll lose your firearm rights if you’re convicted of violating HSC 11379.6. Per California law, a convicted felon isn’t allowed to buy or own a gun. Since manufacturing drugs is considered a felony offense, a conviction will lead to you losing your firearm rights.

A conviction under this statute can also affect your legal right to serve on a jury and make it more challenging to secure employment.

Legal Defenses to Drug Manufacturing Charges

Defending a defendant against a well-planned, well-investigated drug manufacturing case can be challenging even for the most skilled drug lawyer. A few of the tactics applied in developing a defense strategy to drug possession charges could be used when defending a drug manufacturing charge. However, there are also specific legal defenses your lawyer can argue when fighting to obtain you the best possible outcome. These could include:

  • Arguing that you only participated in the preparatory acts of the drug manufacturing process.
  • Challenging the prosecution’s identification of the individual that engaged in the manufacturing process.
  • Asserting that you were arrested only after an illegal search and seizure.
  • Arguing you were placed under arrest after police entrapment.

The Entrapment Defense

In most drug manufacturing cases, suspects are arrested during undercover sting operations. However, any resulting charges must be dropped if the police lured an individual into committing an offense. The luring act is what we call entrapment. It applies to domineering official conduct on the part of law enforcement officers. Entrapment includes the police using flattery, fraud, harassment, pressure, or threats to convince individuals to commit crimes. Entrapment is a valid legal defense as long as your lawyer can prove that:

  • You committed an unlawful act, and
  • You only did so due to the entrapment.

Unlawful Search and Seizure

Drug manufacturing suspects are frequently arrested after police collect proof without any warrant. However, the police can only search for and seize property through a legal search warrant. If they don’t have a warrant, they must provide a valid reason for failing to have one. If law enforcement officers obtain proof without a warrant or valid excuse, the evidence could be excluded from the case. This implies that the charges against you could be dismissed or reduced.

You Only Participated in the Preparatory Acts

To be convicted of drug manufacturing, you must have started the manufacturing process. Whereas you need not have completed the production process, some activity of commencing the process is necessary for a conviction to occur. The simple preparation for manufacturing a drug isn’t an illegal act. Thus, it means it’s a legal defense for your lawyer to assert that you only did the preparations in manufacturing a substance.

Mistake of Facts

At times a defendant may not be aware of the facts of the criminal offense the prosecution is accusing them of committing. This defense is effective if you weren’t making a controlled substance, but the police thought you were. It could be that the ingredients or equipment you used resemble those used in making a particular controlled substance. Alternatively, you could argue that you didn’t know the product you were making was a controlled substance.

Conviction Record Expungement

If you are convicted under HSC 11379.6, you can’t have your conviction record expunged. Remember that expunging your record is favorable as it releases you from most of the challenges of a conviction. However, expungements aren’t available for offenses that lead to a prison term.

Crimes Related to Manufacturing Drugs

There are various criminal offenses related to drug manufacturing. They include:

HSC 11351 – Possessing a Drug With Intent to Sell

Under HSC 11351, it’s a criminal offense to possess particular narcotics intending to sell. Remember that controlled substances under this law are the same ones described under HSC 11379.6. Violating HSC 11351 is considered a felony offense. If convicted, you’ll face $20,000 in fines and up to four years in jail or probation, and a year in jail. If the prosecution can establish that you intended to engage in multiple sales, the judge may impose these penalties in connection with each intended sale.

HSC 11383 – Possession of Materials for Manufacturing Narcotics

Under HSC 11383, it’s a criminal offense to possess particular chemicals intending to use them to make drugs. This law penalizes the actual possession of drugs more than the manufacturing of them. Violating HSC 11383 is also a felony punishable by up to $10,000 in fines and a six-year incarceration period served in jail under the realignment program.

HSC 11366.5 – Renting a Space for Distributing a Controlled Substance

HSC 11366.5 criminalizes renting or leasing a building, room, or space intending to distribute or manufacture a drug. HSC 11366.5 is a wobbler crime, meaning the prosecution can press either a felony or misdemeanor charge. If convicted of misdemeanor charges, you will face a jail sentence of one year. And if it’s a felony conviction, you will face a maximum prison sentence of three years.

HSC 11366 – Operating a Drug House

Under HSC 11366, it’s a criminal offense to maintain or operate a building, room, or place with the intent to give away or sell drugs unlawfully. It’s worth noting that a drug house isn’t necessary for you to be guilty under this law.

Operating a drug house is also a wobbler. A misdemeanor conviction is punishable by up to a year in jail and $1,000 in fines. A felony conviction, on the other hand, is punished by a maximum of three years in prison and $10,000 in fines. You may also face property forfeiture if you maintained the real property or drug house for illegal activity. This means it could be confiscated, per the state’s asset forfeiture laws.

HSC 11352 – Sale of Drugs

HSC 11352 prohibits the sale or transportation of certain controlled substances, including peyote, heroin, and cocaine. This statute doesn’t apply to the transportation and sale of methamphetamine or marijuana.

Transporting or selling drugs in violation of HSC 11352 is a felony. The consequences of a conviction include three to nine years of incarceration and up to $20,000 in fines. However, aggravating factors such as selling controlled substances to children or transporting particular drug quantities can significantly increase the maximum fine and jail term.

Hire a Sacramento Criminal Attorney Near Me

Building a legal defense on your own if you are accused of manufacturing drugs is a virtually impossible task. There are so many factors involved, both with the specifics of the state’s law and in understanding what actions the law enforcement officers and prosecutors allow. If you’ve been accused of manufacturing drugs, seeking help from a skilled defense lawyer should be your initial step in developing a solid defense strategy.

Each situation involving the manufacturing of controlled substances is unique. Only a top-notch drug crimes lawyer can evaluate all the facts and proof in your case, listen to your side of the story, and discuss what defenses will deliver the best possible outcome. At California Criminal Lawyer Group in Sacramento, we have experienced drug crimes attorneys who have represented many clients charged with drug manufacturing in Sacramento. We can ensure your legal rights under the state’s law are well-protected. Contact us at 916-775-7660 now for a complimentary consultation and learn how to start your journey to restoring your freedom.