§ 11379.6 HS – Manufacturing a Controlled Substance

Health and Safety Code § 11379.6 HS makes it a crime to manufacture (either directly or indirectly) any controlled substance. A conviction is a felony punishable by 3, 5 or 7 years in prison.

The language of the code section states that:

11379.6. (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).

Our California criminal defense attorneys will discuss the following key issues regarding 11379.6 HS:

• 1. Definition
• 2. Defenses
• 3. Penalties
• 4. Immigration consequences
• 5. Expungements
• 6. Gun rights
• 7. Related offenses
• Additional resources

1. Definition

California prosecutors have to prove the following to convict you under 11379.6 HS:

1. you manufactured, compounded, produced, or prepared a narcotic (or offered to do so), and
2. you knew of the substance’s nature as a narcotic.¹

A “controlled substance” is one that is regulated under the United States “Controlled Substances Act.” It does not matter whether the type of drug is schedule I, schedule II, schedule III, schedule IV, or schedule V. Some examples include:

• ecstasy,
• heroin,
• GHB,
• cocaine,
• marijuana,
• PCP,
• LSD, and
• methamphetamines.

As to knowledge, a prosecutor must prove that you knew that the drug you were making was, in fact, a controlled substance. However, a D.A. doesn’t need to prove that you knew which specific controlled substance was involved.²

Furthermore, you do not have to complete the process of making a drug to be guilty of violating 11379.6 HS. All the D.A. has to prove is that you:

1. knowingly participated in the process of producing a narcotic, and
2. this participation was at the beginning or intermediate steps of the operation.³

Example: Juan and some friends are halfway finished making heroin in his garage when Juan has to run out of town. While gone, the police raid the garage and arrest the friends, who eventually rat out Juan.

Juan argues he was not present for the final part of the manufacturing process. However, he is guilty because he knowingly joined the early stages of manufacturing.

2. Defenses

Here at Shouse Law Group, we have represented literally thousands of people facing drug charges, including manufacturing a controlled substance. In our experience, the following defenses have proven very effective with judges, juries, and prosecutors.

Your actions were only “preparatory”

You must actually begin the manufacturing process to be guilty of this crime. While you do not have to complete the process, some act of beginning the process is required.

Therefore, we could argue that you only prepared in making a substance, which is not an illegal act. Typical evidence we gather to prove you never began the manufacturing process may include eyewitness accounts, video surveillance footage, and forensic reports by experts.

The police made an unlawful search and seizure

Authorities can only search for and/or seize property via a legal warrant. If no warrant, then they must have a valid excuse for not having one.

Whenever authorities find evidence without these, we file a motion to suppress asking the judge to exclude all the police’s illegally-obtained evidence. In our experience, getting drug evidence suppressed can lead to the D.A. reducing or even dismissing the charges.

The police entrapped you

Many HS 11379.6 cases involve undercover “stings,” which are legal. However, charges must be dropped if the police cross the line into entrapment.

Entrapment occurs when police pressure you into committing a crime you were not predisposed to commit. Therefore, we pore over the officer’s bodycam/audio recordings to show that their words and/or actions placed you under duress and practically forced you to manufacture the drugs.

Law enforcement always makes mistakes, and our legal team – including former police officers – knows what to look for when determining whether entrapment took place.

You did not take part in the manufacturing

If you were merely present at the manufacturing site – but did not help to make the drugs – then HS 11379.6 charges do not apply. Being at the wrong place at the wrong time is not a crime.

To show that you were not participating, we would gather any available evidence, such as video recordings or eyewitness accounts. If we can show the D.A. that there is a reasonable doubt, they may drop the case without a trial.

You were misidentified

Perhaps you were wrongly picked out of a lineup. Or perhaps the police mistook you for the real culprit.

Mistaken ID is one of the most effective defenses we levy against prosecutors. Numerous studies show police protocols often yield inaccurate results, and we can often impeach the credibility of everyone involved in falsely identifying you.

You were not aware of what was going on

If you genuinely did not know you were making an illegal substance, then you did not violate HS 11379.6. To show that you had no knowledge you were making drugs, we would look for evidence of your intentions in your recorded communications (such as text messages and voicemails).

Plus, if we can show that the drugs that were made resembled a legal substance you believed you were making, that could raise a reasonable doubt that may compel the state to drop the charges.

3. Penalties

Manufacturing controlled substances in violation of 11379.6 HS is a felony carrying:

• custody in California State Prison for 3, 5 or 7 years, and/or
• a maximum fine of $50,000.⁴

Aggravating factors that could cause the judge to impose a sentence on the higher end of the penalty range include:

• the quantity of drugs was large;
• there was a child under 16 living in the place where the drugs were made;
• you have a criminal history of certain drug offenses; or
• someone was seriously hurt or died. ⁵

The judge has the discretion to impose formal probation and/or jail instead of prison time.

(Note that diversion through Proposition 36 or PC 1000’s Deferred Entry of Judgment program is typically not available in these cases.)

4. Immigration consequences

The manufacturing of a controlled substance is a crime involving moral turpitude and an aggravated felony.⁶ Therefore, non-citizens convicted of it will likely be deported after serving their prison sentence.

Also, certain types of relief are unavailable following an aggravated felony conviction, including:

• cancellation of removal under 8 U.S.C. § 1229b(a)(3),
• asylum relief, and
• I-212 hardship waivers / permission to re-apply for admission to the U.S. after deportation.⁷

For a more detailed discussion, see our article on the immigration consequences of drug convictions.

5. Expungements

If you served time in prison for a 11379.6 HS conviction, you cannot get an expungement. If you did not serve prison and instead completed probation, you may be able to get your record expunged.

6. Gun rights

If you are convicted of manufacturing drugs, you will have to surrender your firearms. This is because felony convictions trigger a loss of your gun rights.

7. Related offenses

• Possession of a controlled substance – HS 11350
• Possession for sale of a controlled substance – HS 11351
• Sale of a controlled substance – HS 11352
• Possession of marijuana – HS 11357
• Cultivation of marijuana – HS 11358
• Possession for sale of marijuana – HS 11359
• Sale of a controlled substance – HS 11360
• Possession of drug paraphernalia – HS 11364
• Operating a drug house – HS 11366
• Renting a space for the distribution of a controlled substance – HS 11366.5 ⁸
• Money laundering from drug proceeds – HS 11370.9
• Possession of methamphetamine – HS 11377
• Possessing materials for the manufacturing of controlled substances – HS 11383

Additional resources

If you are struggling with substance abuse addiction, you can find help here:

• Narcotics Anonymous (NA) – A 12-step program to overcome drug addiction.
• Substance Abuse and Mental Health Service Administration (SAMHSA) – 24/7 treatment referral service.
• Recovery Centers of America – Treatment centers in seven states.
• SMART Recovery – Group therapy for young people struggling with addiction.
• Partnership to End Addiction – Information on how to find drug addiction treatment.

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