Health & Safety Code § 11383 HS – Possessing Materials for Manufacturing PCP

Under Health & Safety Code § 11383 HS, it is a crime to possess certain chemicals with the intent to use those materials to manufacture Phencyclidine (PCP). This offense is a felony punishable by up to six years in county jail.

Potential Defenses

Criminal defense lawyers draw upon several legal strategies to challenge accusations under this statute. A few common ones include lawyers showing that:

• the accused did not intend to manufacture PCP,
• the defendant did not possess certain chemicals, and/or
• law enforcement conducted an unlawful search and seizure.

Penalties

A violation of California Health & Safety Code Section 11383 HS is a felony (as opposed to an infraction or a misdemeanor).

The crime is punishable by:

• up to six years in county jail under California’s realignment program, and/or
• a maximum fine of $10,000.

Our California criminal defense attorneys will explain the following in this article:

• 1. How does California law define “possessing materials for manufacturing PCP”?
• 2. Are there legal defenses?
  • 2.1. No intent
  • 2.2. No possession
  • 2.3. Unlawful search and seizure
• 3. What are the penalties?
• 4. Are there related offenses?
  • 4.1. Possessing materials for manufacturing methamphetamine – HS 11383.5
  • 4.2. Manufacturing controlled substances – HS 11379.6
  • 4.3. Possession for sale of a controlled substance – HS 11351

1. How does California law define “possessing materials for manufacturing PCP”?

A prosecutor must prove the following to convict a person under this statute successfully:

1. the defendant possessed certain chemicals in specified combinations that can be used to manufacture PCP (or an analog of this drug), and
2. when the defendant possessed those chemicals, he/she specifically intended to use them to manufacture PCP.¹

The chemicals that can support a charge of possession of materials for manufacturing drugs under this code section include:

• piperidine and cyclohexanone,
• pyrrolidine and cyclohexanone, and
• morpholine and cyclohexanone.²

For purposes of this statute, “possession” includes simple possession, or where a defendant has the above chemicals on his/her person.

Note that people can possess chemicals even if they never touched or carried them. All that is required is that a defendant had control over the materials or the right to control them, either personally or through someone else.³

Note that a person does not have to manufacture PCP to be guilty of this crime successfully. Further, a defendant can be guilty of this offense just for possessing the chemicals and harboring a vague hope of using them to manufacture drugs.

2. Are there legal defenses?

People accused of a crime under this law can challenge the accusation with a legal defense. Three common ones include defendants showing that:

1. they did not intend to manufacture PCP.
2. they did not possess certain chemicals or materials.
3. the police conducted an unlawful search and seizure.

2.1. No intent

Recall that people are only guilty of this law if they possessed the chemicals listed in the statute with the intent to make PCP. Therefore, it is always a defense for an accused to show that he/she did not want to make any illegal drugs.

2.2. No possession

Recall, too, that a defendant is only guilty of violating this statute if he/she possessed certain chemicals. Further, possession carries a very precise legal definition. A defense is for a defendant to show that he/she did not possess any chemicals.

2.3. Unlawful search and seizure

This is a popular defense for many drug crimes. The State of California says law enforcement can only conduct a search or seizure with a valid warrant. If they do not have one, they must have a valid excuse. If no warrant or excuse, then any evidence gathered from the unlawful search or seizure can get excluded from the case.

If a defendant can show that the police conducted an illegal search or seizure, then a judge could reduce a defendant’s charges or drop them altogether.

3. What are the penalties?

A violation of this code section is a felony.⁴

The crime is punishable by:

• up to six years in county jail (as opposed to state prison), and/or
• a maximum fine of $10,000.⁵

These penalties can increase if the accused has prior convictions or a criminal record.

Note that judge can award a defendant with felony (or formal) probation in place of jail time.

4. Are there related offenses?

There are three crimes related to possessing materials for making PCP. These are:

1. possessing materials for manufacturing methamphetamine – HS 11383.5,
2. manufacturing a controlled substance – HS 11379.6, and/or
3. possession for sale of controlled substances – HS 11351.

4.1. Possessing materials for manufacturing methamphetamine – HS 11383.5

Under Health & Safety Code 11383.5 HS, possessing materials for manufacturing methamphetamine is the crime where people:

1. possess certain chemicals in specified combinations that can be used to manufacture meth or N-ethyl amphetamine (or an analog of these drugs), and
2. do so with the intent to manufacture meth or N-ethyl amphetamine.

As with violations of HS 11383, people can contest charges of violating this statute by showing that they did not:

• intend to make meth or N-ethyl amphetamine, or
• possess certain chemicals.

4.2. Manufacturing a controlled substance – HS 11379.6

Under Health & Safety Code 11379.6 HS, manufacturing a controlled substance is the crime where people make illegal narcotics such as PCP, ecstasy, heroin, cocaine, and opiates.

Note that if a person possesses certain chemicals with the intent to make PCP, and successfully manufactures the drug, a prosecutor can charge the party with both:

• possessing materials for manufacturing PCP, and
• manufacturing a controlled substance.

4.3. Possession for sale of controlled substances – HS 11351

Per Health & Safety Code 11351 HS, possession for sale of controlled substances is the crime where people possess certain controlled substances in order to sell them.

The term “possession” under this statute is the same definition as HS 11383.

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