Law enforcement in California tends to target the source of the illegal drug trade, not the end user. For that reason, agencies around the state, in partnership with the Drug Enforcement Administration (DEA), seek to stamp out drug manufacturers and traffickers in California. However, in their effort to end the war on drugs, many innocent people have been incorrectly labeled as felons and manufacturers for illicit drugs.
This incorrect targeting is partly because California makes it legal to grow marijuana at home if you’re over 21 years old – the catch is that the restrictions around your ability to grow marijuana make it very easy to fall on the wrong side of the law.
Drug Manufacturing Defense Attorney in San Diego
If you or someone you know has been charged with drug manufacturing, you need to contact an experienced defense lawyer immediately. The DEA and the Department of Cannabis Control (DCC) in California are quick to jump on any rumors of illicit drug manufacturing in the state. Growing one too many plants, or even allowing unattended children near your plants can be cause to be labeled as a felon and a drug manufacturer.
Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving drug manufacturing and possession. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.
Overview of Drug Manufacturing in California
- Drug Manufacturing under California Law
- Elements of Guilt in Drug Manufacturing Cases
- Related Offenses
- California Grow Laws
- Penalties for Drug Manufacturing in California
- Examples of Drug Manufacturing
- Frequently Asked Questions
- Additional Resources
- Hire an Attorney for Drug Manufacturing in San Diego
Drug Manufacturing under California Law
The primary law governing drug manufacturing in California is Health and Safety Code Section 11379.6. This statute makes it illegal to manufacture, compound, convert, produce, derive, process, or prepare any controlled substance specified in Sections 11054-11058 of the Health and Safety Code. Some of these substances include:
- Methamphetamine
- Cocaine
- Heroin
- Ecstasy
- PCP
- LSD
- Marijuana (including THC concentrate)
Under this law, manufacturing includes the direct or indirect use of chemical extraction or chemical synthesis to create a controlled substance. It covers various drugs, including methamphetamine, concentrated cannabis, and other substances classified under California’s drug schedules. Violations of this statute are punishable by imprisonment and fines.
Key Elements for Guilt under Section 11379.6
To convict someone under Health and Safety Code Section 11379.6, the prosecution must prove specific elements beyond a reasonable doubt:
- The defendant manufactured a controlled substance: This means the person actively participated in creating, processing, or preparing a drug using chemical extraction or synthesis. It can include completing only initial or intermediate steps in the process. This also means that you do not have to complete the manufacture of the product; simply gathering the ingredients to make a precursor can be damning enough to warrant a drug manufacturing charge and possible conviction.
- Knowledge of the substance’s nature: The defendant must have known the substance involved was a controlled substance, though they do not need to know the specific type.
The California Judicial Council provides jury instructions in CALCRIM No. 2330, which outline these elements for cases involving drug manufacturing. The instructions clarify that the defendant does not need to complete the manufacturing process to be guilty; participating in any part of it can satisfy the requirement.
Related Offenses
Several lesser offenses may apply depending on the specifics of the case:
- Possession of precursors for drug manufacturing (Health and Safety Code Section 11383): This offense involves possessing chemicals or equipment used to manufacture controlled substances, even if no drugs were produced.
- Maintaining a place for drug manufacturing (Health and Safety Code Section 11366.5): This applies to individuals who allow their property to be used for drug production. In other words, if you are a landlord and you know that your tenant is producing drugs, you have an obligation to tell the government.
While these offenses carry serious penalties, they are generally less severe than a conviction under Section 11379.6.
California Grow Laws
While California does allow the recreational use of marijuana, the substance is heavily regulated. The general rules are:
- You may grow up to 6 cannabis plants at home
- You must be 21 years old
- You cannot allow minors to access the cannabis, and it must be grown in a safe location. Allowing your child to access the cannabis can be considered child endangerment.
You are also not allowed to use any volatile substances to turn the cannabis into a product, like butane or propane.
Penalties for Drug Manufacturing in California
Violating California Health and Safety Code Section 11379.6 is a felony with severe consequences. Convictions typically result in imprisonment in state prison for three, five, or seven years, depending on the circumstances of the case, as well as fines of up to $50,000.
Aggravating factors like manufacturing drugs near residences or the involvement of minors can significantly increase the penalties. For instance, if the crime occurs within 200 feet of a residence or occupied structure, courts may enhance sentences to reflect the heightened risk to public safety. This section does not typically apply to legally grown marijuana.
Further, fines collected from offenders are allocated to the Clandestine Drug Lab Clean-Up Account, which funds the remediation of hazardous sites left by illegal drug labs.
Examples of Drug Manufacturing charges in California
Drug manufacturing cases in California can involve a wide range of substances and circumstances. Some examples include:
- Methamphetamine production: Setting up or operating a meth lab using chemicals like ephedrine or pseudoephedrine.
- THC extraction: Using volatile solvents like butane to create concentrated cannabis products, a process covered under Health and Safety Code Section 11379.6(d) if conducted near residential areas.
- Synthetic drug creation: Producing substances like ecstasy or fentanyl through chemical synthesis.
Each case varies depending on the location, scale, and specific substances involved. Some charges stem from large-scale operations, while others may involve individuals attempting small-scale production.
Drug Manufacturing FAQ
Defendants facing drug manufacturing charges often ask specific questions unique to these cases, including:
- “Can I be charged if I didn’t finish making the drugs?” Yes, as Health and Safety Code Section 11379.6 penalizes participation in any part of the manufacturing process.
- “What happens if someone else used my property for manufacturing without my knowledge?” Knowledge and intent are required for a conviction, so lack of awareness can be a defense.
- “Does the presence of minors or proximity to homes make my case worse?” Yes, these are aggravating factors under Sections 11379.6(b) and 11379.6(c) and can lead to harsher penalties.
- “What if the police found chemicals but no drugs?” Manufacturing charges can still apply if the chemicals are precursors for controlled substances and intent is proven.
Additional Resources
California Health and Safety Code Section 11379.6 – This source provides the full text of California’s law on drug manufacturing, outlining criminal penalties for creating controlled substances through chemical synthesis or extraction. It explains the aggravating factors that can increase penalties, including proximity to residences and the involvement of minors. Readers can also find information about fines and the Clandestine Drug Lab Clean-Up Account.
Drug Court – This source explains the San Diego Superior Court’s Drug Court program, which is designed to rehabilitate non-violent, drug-using offenders. It describes how the program combines court supervision, drug treatment, and education with frequent testing. The source outlines participant eligibility, program structure, and the potential for probation termination or charge dismissal upon successful completion.
Illicit Drugs – This source from the California Department of Alcoholic Beverage Control provides guidelines for licensees to prevent drug activity on their premises. It includes details about license revocation, asset forfeiture, and how to recognize signs of drug activity. The source also covers the responsibilities of license holders under state law and outlines prohibited items classified as drug paraphernalia.
San Diego’s Synthetic and Psychoactive Drug Laws – This source discusses San Diego’s municipal ordinance prohibiting the manufacturing, sale, distribution, and possession of synthetic and psychoactive drugs such as spice, bath salts, and kratom. It provides information on enforcement, the classification of these substances as public nuisances, and the responsibilities of property owners to address violations. Violators may face criminal, administrative, or civil penalties.
Hire an Attorney for Drug Manufacturing in San Diego
Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving drug manufacturing and possession. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.