Drug Manufacturing in California - Health and Safety Code 11379.6 HS
Health and Safety Code 11379.6 HS makes it a crime to manufacture (directly or indirectly) any controlled substance. A felony conviction is punishable by 3, 5, or 7 years in prison.
When it comes to manufacturing drugs/narcotics in LA, prosecutors, law enforcement, and judges take these crimes very seriously and will punish the offender with prison. It's tough to get a probationary sentence when it comes to manufacturing narcotics charges. The reason why is the dangerous level.
The court system, including prosecutors and law enforcement, is designed to protect the public. If a crime is committed that endangers the public or any individual, family, or children, the system takes it very seriously. This is why drug manufacturing charges are treated with such severity and offenders are punished to the full extent of the law.
One of the most significant issues with the people that are manufacturing drugs, a lot of times, isn't doing it in an industrial area where if something goes wrong and there's an explosion, several people are seriously injured or killed. On the other hand, a lot of these people are manufacturing drugs in homes and communities in Los Angeles and across California.
These are the people that the prosecutors are targeting, going after, and attempting to put in prison because they believe these people endanger the community and are also making a significant amount of money related to the sale of drugs in Los Angeles County.
People who manufacture can command a high dollar for drugs, and they are the ones who are putting mass amounts of drugs out on the streets where our youth are getting their hands on them.
If you're facing charges of manufacturing narcotics, it's crucial to seek legal representation from an attorney with a proven track record in handling such cases and local experience in the court where your case is pending. This will provide you with the necessary guidance and reassurance during this challenging time.
Sometimes, these cases are more than meets the eye. There is no danger to the public, and it's not manufacturing – it's more of someone doing something on a tiny scale in their home that is not going to injure anybody. It really shouldn't be classified as manufacturing narcotics.
That's what I often see—it's the little tiny mom-and-pop drug lab going on, and law enforcement gets information a lot of time from informants. Then they come in guns-a-blazing with numerous officers, and they are making some significant arrests. The reality is no one was going to get hurt; it's not a big operation.
Remember, there's always another side to the story. In a drug manufacturing case, it's essential to present your version of events to the prosecutor and judge. Your criminal defense attorney can help you do this effectively, ensuring that your side of the story is heard and considered.
Legal Defenses for Manufacturing Narcotics
HS 11379.6. says, (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 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 ($50,000).
One potential defense for drug manufacturing charges involves arguing that the scale of the operation was not large enough to warrant a full-fledged manufacturing charge. Instead, it could be argued that the offense should be classified as possession or possession for the sale of narcotics. This defense strategy provides hope and a clear path forward for the accused.
Of course, this will center around the facts and circumstances of the case. It will take a defense investigation to ferret out some of the information that's good for your side.
Unfortunately, a lot of times, the police do a one-sided investigation where they only gather information that supports the theory that you're manufacturing on a large scale – thousands of dollars and narcotics that could kill somebody because there could be an explosion in the neighborhood.
They're adopting this mentality when, in reality, they shouldn't. They should be looking at everything that's going on.
Factors That Influence Penalties For Manufacturing Narcotics
Some of the factors they will look at are how much narcotics were being manufactured, the dollar amount that they can capture, the size of the lab, its proximity to the community, the danger level to the community, and the person's criminal record.
Prosecutors and judges will consider a whole host of things when deciding on an appropriate punishment.
So, it's up to your criminal defense attorney to put together a mitigation package – if that's the route you decide to take – and negotiate on your behalf and give them all the good points about you so that the tide can be turned in your favor. You can end up with the least time in custody and the least damage to your criminal record.
What I have you to do is to come, sit down, and talk about the whole scenario surrounding the manufacturing of narcotics arrests. We decide on (1) whether we have any defenses that we can assert, and if we do, then we figure out how to investigate them.
If we don't, the next thing we do is figure out, okay? So, what's our best strategy going into this with an idea for resolving the manufacturing narcotics case? I get a mitigation package together.
I get character letters from you. We get a letter from your job, family, and anybody else who can speak highly of you. Also, I've compiled a letter that maps out the scenario from your perspective, not just the authorities' perspective. We present all that to the supervising district attorney in charge of your case, and I will sit down and meet with him. We talk about what it will take to resolve this case and get you back on the road to a successful life and out of the criminal justice system as fast as possible.
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