San Diego Drug Crime Lawyer
Drug Manufacturing Charges
In California, the crime of manufacturing of a controlled substance is punished by California Health and Safety Code § 11379.6, which states:
(a) Except as otherwise provided by law, every 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 shall be punished by imprisonment in the state prison for three, five, or seven years and by a fine not exceeding fifty thousand dollars ($50,000).
(b) Except when an enhancement pursuant to Section 11379.7 is pled and proved, the fact that a person under 16 years of age resided in a structure in which a violation of this section involving methamphetamine occurred shall be considered a factor in aggravation by the sentencing court.
(c) Except as otherwise provided by law, every person who offer to perform an act which is punishable under subdivision (a) shall be punished by imprisonment in the state prison for three, four, or five years.
(d) All fines collected pursuant to subdivision (a) shall be transferred to the State Treasury for deposit in the Clandestine Drug Lab Clean-up Account, as established by Section 5 of Chapter 1295 of the Statutes of 1987. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by the county.
Controlled substances which fall under this section may include mescaline, peyote, amphetamines, cocaine and opiates and their derivatives. If you have been charged with drug manufacturing, contacting a San Diego drug crime attorney from T he Law Office of Marc S. Kohnen is vital to the outcome of your case.
As is clear from the wording of the statute, the "manufacturing" of drugs is an extremely broad concept encompassing various forms and avenues for the prosecution to build its case.An individual growing just one marijuana plant in the privacy of his home for recreational use will be subject to this section, as will an operator of a sophisticated methamphetamine factory designed for mass distribution on the street.Even a person offering to perform an act consistent with the manufacturing of drugs could be sent to state prison for up to five years. Additionally, a person charged under this section will also likely be charged with a number of separate offenses including drug possession, possession with intent to sell, and possession of drug paraphernalia. Each of these additional charges will carry additional and separate penalties. The broad scope of this offense makes drug manufacturing a very serious charge.
Fortunately, the broad scope of Health and Safety Code §11379.6 can work in your favor provided you obtain competent representation to formulate a sound and well-articulated defense that will prove to the court your actions do not warrant the severity of sentencing available under this section. In some cases, because manufacturing is rarely charged as an isolated offense, favorably negotiated plea agreements by an experienced attorney may result in greatly reducing the charges or, in some cases, having the charge dismissed altogether. Also, because many alleged drug manufacturing operations are located within the primary residence of the accused, the constitutionality of law enforcement's intrusion into the home can be tested and the case thrown out if police entered the defendant's home without a proper search warrant.
Defending Your Rights
Because of the complexity of HS §11379.6 and the broad range of sentencing that may accompany a conviction, it is imperative that you carefully select your defense counsel to ensure that you are afforded every bit of protection possible.A capable and experienced attorney may be able to mitigate a drug manufacturing charge down to the minimum sentencing possible or in the alternative possibly have the charge dismissed all together.
Contact a San Diego drug crime lawyer from the firm if you have been charged with drug manufacturing.