HS 11379.6 Narcotic and Drug Manufacturing
Unlike other health and safety codes, HS 11379.6 governs drug offenses in which defendants are accused of manufacturing, producing, compounding, or processing controlled substances. A meth lab is a common example of this violation, but you do not have to combine different chemicals or make a drug to be found guilty. Those who alter the chemical nature of a drug can be charged with this offense.
There aren’t a whole lot of drugs that people are commonly making at home, but over the years those who develop “drugs of choice” will sometimes begin modifying their narcotics to meet their personal tastes. This has led to some very dangerous concoctions.
Crack. There is not a huge difference between powder cocaine and crack cocaine. In fact, addicts can do the chemical alteration with relative ease.
Meth. Thanks to popular tv shows, the general public is well-aware of the purpose of a meth lab. Those who are found in possession of meth lab equipment or by product could be charged for manufacturing.
Hashish. A resin derived from marijuana, hashish can be created using special equipment. If someone is found in possession of that equipment, authorities may arrest them.
Sizzurp. A drink that has become increasingly popular is known as sizzurp, lean, or purple drank. The drink is a combination of soft drinks such as Mountain Dew or Sprite and prescription strength cough syrup. The combination has proven fatal on many occasions, but has been glamorized by past music industry icons as well as current ones. Rap icon Lil Wayne and pop star Justin Bieber have been accused of using “lean” on numerous occasions.
Penalties if Convicted
HS 11379.6 is treated as a very serious criminal offense. California law mandates that those found guilty will receive a felony on their record and be ordered to serve up to seven years in prison, but there are several circumstances that could increase the penalties for offenders.
For instance, if a person is found to be manufacturing narcotics in a home where children reside, defendants could face an additional five years.
Also, those who are convicted of manufacturing especially large quantities of certain drugs could face different penalties, and those who are found to have manufactured drugs that are believed to have directly contributed to another person’s death can expect harsher punishment as well.
Whether or not a person will be subjected to maximum penalties is often affected by additional factors such as the defendant’s previous criminal history. If a manufacturing defendant is portrayed to be a repeat offender that poses a significant risk to society, a judge and jury will be less likely to go easy on them.
Possible Defense Strategies
Even if a person is found in possession of manufactured drugs and items commonly used to prepare or manufacture drugs does not mean that a person used them to do so. The following are situations in which a person may have an opportunity to avoid a conviction for HS 11379.6.
I changed my mind! Say you’ve got all of the ingredients to make crystal meth. You’ve got the lab equipment, you’ve the medicine, you’ve got it all in one room and the police come bursting in. They confiscate all of the items and charge you with manufacturing. A good drug crime defense lawyer should be able to argue that a crime was never committed and that you are being held responsible for nothing. You may have decided you did not want to make the meth, despite gathering all of the available ingredients and tools.
The police seized evidence illegally! It is surprisingly common: police identify suspects and/or gather evidence without a valid California search warrant, probable cause, or have in somehow violated the rights of the suspect in question. When police break the law while gathering evidence, that evidence may be able to be deemed inadmissible in a court of law. For some, this means their charges are dropped and their case is dismissed.
It wasn’t me! If you truly were not the person responsible and your involvement with the alleged offense is a huge misunderstanding, there should be multiple opportunities to help prove your innocence. This is one of many reason why hiring a skilled attorney is so important for those facing manufacturing charges, as a defense attorney will often launch their own in-depth investigation into the case facts to help uncover important facts that exonerate their clients.
This is not my stuff! When police perform large drug busts, they can sometimes charge buyers with crimes that they did not commit. Buyers often congregate at manufacturer’s homes. If this matches your situation, authorities may threaten you in the hopes that you will provide testimony against other people involved. Speaking with an attorney could help you make the most of your situation.
Southern California Assistance
Those facing drug charges in Southern California are encouraged to contact a skilled criminal defense lawyer that they trust to help better evaluate their case. Although penalties for those facing possession charges have continued to become more lenient, those involved with manufacturing or sales are experiencing harsh penalties and unforgiving sentences.
We can provide you with a free confidential case evaluation from our skilled lawyers. Call (888) 250-2865 to reach our Orange County and Riverside criminal defense law firms and find out what options you have available for your defense.