California takes drug crimes very seriously, especially when it comes to the manufacturing a controlled substances. Under California Health and Safety Code § 11379.6 HS, it is a felony offense to manufacture, process, or produce illegal drugs. This law is part of the state’s broader effort to combat drug trafficking and illegal drug production, particularly with dangerous substances like methamphetamine, cocaine, heroin, and synthetic narcotics.
This comprehensive guide breaks down the legal definition, required elements, potential penalties, legal defenses, and related consequences of violating this law.
What Is Health and Safety Code § 11379.6?
Health and Safety Code § 11379.6 makes it a felony to manufacture, compound, convert, produce, derive, process, or prepare a controlled substance, either directly or indirectly through chemical synthesis or extraction. This includes running a drug lab, cooking meth, or producing any other illegal drug.
Key Actions Covered by the Law:
Manufacturing: Creating illegal drugs from raw chemicals or other substances.
Compounding/Processing: Mixing legal or illegal chemicals to produce a controlled substance.
Extracting/Deriving: Isolating active components from plants or chemicals for the purpose of creating a drug.
Chemical Synthesis: Producing drugs through chemical reactions in a lab.
This statute also applies even if the manufacturing process is incomplete, as long as there is evidence of intent to manufacture a controlled substance, a person can be charged.
Legal Elements of the Offense
For a person to be convicted under § 11379.6 HS, the prosecution must prove:
The defendant participated in manufacturing a controlled substance or one of the related activities (compounding, converting, producing, etc.).
The defendant knew the nature of the activity and understood it involved a controlled substance.
The law does not require that the person actually completed the drug-making process. Even preparing to manufacture — such as gathering materials or setting up equipment — can be enough to warrant charges if intent is clear.
Examples of Violations
Here are some scenarios that may lead to charges under § 11379.6 HS:
A person operates a meth lab in a garage.
Someone extracts THC oil using chemical solvents with the intent to sell.
A group mixes chemicals in a warehouse intending to produce ecstasy pills.
An individual is caught mid-process during a drug production operation.
Even if the person was not the primary operator but assisted in any way (e.g., supplying chemicals or equipment), they could still face charges.
Penalties for Violating § 11379.6
Violating this statute is a felony offense in California and comes with severe legal consequences.
Standard Penalties:
3, 5, or 7 years in California state prison.
Fines up to $50,000.
In addition, a person may be subject to parole or probation, mandatory drug counseling, and a criminal record that can affect employment and housing.
Sentence Enhancements and Aggravating Factors
Certain circumstances can lead to enhanced penalties, which means additional prison time on top of the standard sentence.
Common Enhancements:
Drug Quantity:
More than 1 pound or 3 gallons: +3 years
More than 3 pounds or 10 gallons: +5 years
More than 10 pounds or 25 gallons: +10 years
More than 44 pounds or 105 gallons: +15 years
Minor Present:
If a child under 16 is present where drugs are being manufactured: +2 years
If the child is harmed: +5 years
Near Public or Occupied Areas:
Manufacturing drugs within 200 feet of a school, church, or residential building can result in additional punishment.
Legal Defenses to Drug Manufacturing Charges
Being charged does not automatically mean a person will be convicted. There are several legal defenses that may apply depending on the facts of the case.
Common Defenses:
Lack of Knowledge: The defendant did not know the activity involved manufacturing a controlled substance.
No Intent: The person may have been present or involved but did not intend to manufacture drugs.
Entrapment: The defendant was persuaded or coerced into committing the offense by law enforcement.
Illegal Search and Seizure: Evidence was obtained in violation of the defendant’s Fourth Amendment rights.
Insufficient Evidence: The prosecution cannot prove beyond a reasonable doubt that manufacturing took place.
Related Offenses
Several other drug-related offenses often accompany or overlap with § 11379.6 HS:
HS § 11366.5: Allowing a property to be used for drug manufacturing.
HS § 11350: Possession of a controlled substance.
HS § 11351: Possession for sale of a controlled substance.
Penal Code § 182: Conspiracy to commit a drug offense.
Being charged with multiple offenses can result in longer prison terms and greater fines.
Immigration Consequences
A felony drug manufacturing conviction can have severe consequences for non-citizens:
Deportation: Considered an aggravated felony under immigration law.
Inadmissibility: May prevent re-entry into the U.S. or obtaining lawful status.
Loss of Immigration Relief: Some waivers and protections may be denied due to a conviction under this code.
Collateral Consequences
Aside from prison time and fines, a conviction under § 11379.6 can impact many areas of a person’s life:
Employment: A felony conviction may appear on background checks, limiting job opportunities.
Professional Licensing: May result in suspension or revocation of licenses in healthcare, law, or education.
Firearm Ownership: Felons are prohibited from owning or possessing firearms under both state and federal law.
Voting Rights: Individuals incarcerated for a felony in state prison lose the right to vote during imprisonment.
Public Assistance and Housing: Certain benefits and housing options may be restricted due to a drug-related felony.
Can the Charge Be Reduced or Dismissed?
While § 11379.6 is a felony and not eligible for California’s Proposition 47 (which reduced some non-violent drug offenses to misdemeanors), there may be options for sentence reduction or dismissal under the right conditions:
Plea Bargains: The prosecutor may agree to a lesser charge in exchange for a guilty plea.
Drug Diversion Programs: Although typically not available for manufacturing offenses, some courts may consider alternative sentencing if the defendant has no prior criminal record.
Judicial Discretion: Judges may reduce sentencing under certain circumstances, especially if mitigating factors exist.
Conclusion
California Health and Safety Code § 11379.6 HS imposes some of the harshest penalties in the state’s criminal justice system for those involved in manufacturing controlled substances. Because the law targets a wide range of activities—from full-scale labs to early-stage preparation—it’s critical to understand what counts as manufacturing and what the possible defenses are.
If someone is accused of this offense, it is essential to seek immediate legal representation to navigate the complex legal process and explore all available defense strategies. At Southwest Legal, our experienced criminal defense attorneys understand how to fight complex drug charges and protect your rights. We offer personalized legal strategies and aggressive representation to get you the best possible outcome. Contact us today.
