Under California’s HS 11379.6 statute, manufacturing is the processing, converting, deriving, preparing, or compounding independently by chemical synthesis, or by chemical extraction, of any controlled substance. According to California’s HS 11379.6 statute, it is unlawful to produce a controlled substance. You may be guilty under this statute if you manufacture controlled substances or drugs. This statute applies to substances such as opiates, cocaine, ecstasy, and heroin. It is a felony for any person to violate HS 11379.6; it could lead to an imprisonment of seven years, extensive probationary sentences, and significant fines. Therefore, if the prosecutor accuses you of manufacturing controlled substances, contact Orange County Criminal Lawyer. We represent clients accused of manufacturing controlled substances and develop the best defense to fight the charges.

The Constituents of Manufacturing a Controlled Substance

According to the United States Controlled Substance Act, a controlled substance is one that is regulated by law. Some of the controlled substances include marijuana, heroin, methamphetamines, PCP, ecstasy, cocaine, and LSD. You may be guilty of manufacturing a controlled substance, even if the substance you are making is an intermediate used in making the final product or controlled substance. This may include the use of legal ingredients, which may be mixed later to make a controlled substance. Under California HS 11379.6, any ingredient from compounding ingredients to ingredients mixed to make a final product by chemical synthesis may cause you to face the charges.

So long as you were aware that it was a controlled substance, the prosecutor does not need to prove that you understood what substance you were producing. You could also be charged with manufacturing a controlled substance, even if you did not get involved directly. If you instruct another person to manufacture on your behalf, then both of you are liable. In order to convict you under HS 11379.6, the prosecutor has to provide the following evidence:

  • That you were aware of the nature of the substance as a controlled substance

  • That you manufactured, prepared, produced, or compounded a controlled substance

You may face extra prison time, if another person dies or sustains injuries in your manufacturing process, or if it takes place near children playing grounds. The practices that mostly go against California's drug laws involve converting marijuana resin into cooking meth or hashish.

Schedules of Controlled Substances

The federal government of the United States is responsible for the classification of controlled substances. The drugs are classified based on their safety level, the potential for abuse, and medical uses according to the Controlled Substance Act (CSA) of the U.S. however, this system of classification faces criticism on how specific drugs are categorized. For instance, although Marijuana is legalized for medical and recreational use in California, it is still under the category of high potential for abuse with no valid medical purpose. Under the Controlled Substance Act (CSA), five schedules of a controlled substance are as follows:

  • Schedule 1 drugs include mescaline, Marijuana, LSD, GHB, and MDMA. These drugs have a high potential for abuse with no medical purpose.

  • Schedule 2 drugs include morphine, Oxycontin, Percocet, methamphetamines, and fentanyl. They are acceptable for having medical value but rated as having a high potential for abuse.

  • Schedule 3 drugs include appetite suppressants, antidepressants, and prescribed steroids. They have a high potential for abuse but accepted for having medical value. These drugs compared to schedule 1 and 2 drugs are much safer.

  • Schedule 4 and 5 drugs include Ambien, prescription cough medicine, Ativan, Valium, and Xanax. They have a lower potential for abuse than other drugs.

Penalties for Manufacturing Controlled Substances

It is a felony under California’s HS 11379.6 to manufacture a controlled substance. Under this statute, you may face seven, five, or three years in prison if you are found guilty. This section of the law has a set penalty for the offense, even merely offering to produce a controlled substance. You could receive a jail term of five, four, or three years if you are convicted of offering to manufacture a controlled substance. You may also receive a maximum fine of $ 50,000, or face a jail term of up to seven years in state prison.

Producing controlled substances may lead to deportation from the United States; it is an offense involving moral turpitude according to HS 11379.6 statute. If you are a non-citizen in California and engage in offenses involving moral turpitude, it may lead to deportation or be marked as inadmissible.

It is an aggravated felony, according to California law, if you manufacture a controlled substance. You may miss certain relief under California law if you are charged with an aggravated felony. The relief includes asylum, 1-212 hardship waivers/permission to re-apply for admission to the U.S after deportation, and cancellation of removal under 8 U.S.C 1229b (a) (3).

If you are charged under HS 11379.6 statute, you cannot receive an expungement. An expungement is good because it counters most of the conviction hardships. However, there is no expungement for offenses leading to a prison sentence.

You could also lose your rights of owning a gun in California if you are charged with manufacturing controlled substances. If you are charged with a felony under California law, you can’t own or buy a gun. Since it is a felony to manufacture a controlled substance, a charge of this offense may cause you to lose the rights of owning a gun.

The penalties for manufacturing controlled substances are stiff in California. If you manufacture larger quantities of controlled substances, you may receive enhanced prison sentences. However, the penalties can be enhanced depending on the following factors:

  • Causing serious injuries or death

  • Manufacturing controlled substances near children.

  • Manufacturing large amounts of controlled substances

  • Prior convictions

Causing Serious Injuries or Death

You may face enhanced penalties if you kill or injure another person during manufacturing a controlled substance. Each individual killed or injured because of your manufacturing will add a year at the end of your sentence, and each year is consecutively served. However, if the deceased or injured person was a partisan in your manufacturing process, you may not get any added penalty.

Manufacturing Large Amounts of Controlled Substances

If you are charged with manufacturing large quantities of controlled substances, you could face an enhanced jail term. The drugs may include PCP, GHB, and methamphetamine. Production of large quantities of any of these drugs will amount to a consecutive, additional jail term. The added sentences are as follows:

  • If the drugs exceed ten pounds of solid weight or 25 gallons of liquid by volume, you may receive an enhanced jail term of ten years.

  • If the drugs exceed three pounds of solid weight or ten gallons of liquid by volume, you may receive an enhanced jail term of five years.

  • If the drugs exceed 44 pounds of solid by weight or 105 gallons of liquid by volume, you may receive an enhanced jail term of 15 years.

  • If the drugs exceed one pound of solid by weight or three gallons of liquid by volume, you may receive an enhanced jail term.

Manufacturing Controlled Substances Near Children

If you manufacture methamphetamine near children, you may receive additional stiff jail terms. You may receive a two-year enhancement in a State prison; if you are guilty of manufacturing methamphetamine in the presence of a minor under the age of 16, your enhanced jail term runs consecutively to your primary jail term. You may also receive a five year enhanced jail term in a State prison, if a minor less than 16 years sustain serious injuries because of your manufacturing process.

Prior Convictions

You might receive an extended jail term if you had previously been convicted of drug-related offenses. For a prior conviction, whether for conspiracy or the action itself, you may get a three year enhanced jail term added to your primary sentence for every prior qualifying conviction. After your conviction, the jail term will be added based on the qualifying convictions irrespective of whether you did or did not serve a prison sentence. The prior convictions, which may affect the length of your jail term, are:

  • Selling or transporting a controlled substance

  • The sale of methamphetamine

  • Possession of a controlled substance with the intention of selling

  • Manufacturing a controlled substance

  • Possession of methamphetamine with the intention of selling

Defenses to Manufacturing Controlled Substances Charges

If the prosecutor accuses you of manufacturing controlled substances, there are several defenses you could apply to fight your case. It is upon you and your lawyer to review the available facts about your case and come up with the best defenses. In a drug manufacturing case, you can use the following distinct defenses:

  • You were put in custody after an entrapment

  • You only took preparatory acts in the process of manufacturing

  • You were arrested after an unlawful search and seizure


It is possible to be in the environs of a drug-manufacturing scene despite having no duty. Many victims in HS 11379.6 cases get arrested due to luring. Luring is an entrapment applied by overbearing police officers. Entrapment involves police officers who apply fraud, harassment, flatters, pressure, or threats to persuade you to commit an offense. You can fight your manufacturing of controlled substance charges using entrapment defense by showing that:

  • The police arrested you because of the entrapment

  • The police committed an illegal act

Took Preparatory Acts

It is not an offense to engage in preparation for drug making. To be guilty of the offense, you must take part in manufacturing a controlled substance. You do not need to complete the manufacturing process, but beginning the process is enough evidence required to face the charges. The California HS 11379.6 does not prohibit the preparation process carried out before manufacturing, but it criminalizes the manufacturing process.

With your attorney's help, you may argue that you only prepared for the process of making a controlled substance. Once your competent attorney brings out the difference between actually attempting to manufacture and preparing to manufacture the drug, it could be difficult for the prosecutor to prove you guilty. However, you may be guilty of a different crime, if you are in possession of precursors or ingredients that are illegal.

Illegal Search and Seizure

The police may gather information from your premises without a warrant, and you get arrested for manufacturing a controlled substance. However, under the United States Constitution, it is against the law for the police to illegally search for or seize your possessions. The police can only seize or search your property through a legal warrant. Even if you are liable for manufacturing a controlled substance, the police have no mandate to use the evidence from illegal search and seizure against your case. If they give the evidence without a legal warrant, then the evidence could be expunged; this may dismiss the case or reduce charges.

Related Crimes

There are several offenses related to manufacturing a controlled substance. The offenses include:

  • Operating a drug house HS 11366

  • Possessing ingredients for the manufacturing of a controlled substance HS 11383

  • Sale of controlled substances HS 11352

  • Renting a space for controlled substance distribution HS 11366.5

  • Possession for sale of a controlled substance HS 11351

Violation of HS 11366

It is an offense under HS 11366 to maintain or operate a premise purposely for giving or selling illegal controlled substances. This offense is known as operating a drug house. The offense of operating a drug house is always charged with similar California drug offenses such as possession for sale of controlled substances HS 11351, and sale or transportation of a controlled substance HS 11352. Under HS 11366, operating a drug house means committing the offense such as:

  • Maintaining or operating a drug house with the intention of giving away, allowing, or selling to other people to consume narcotic drugs or a controlled substance repeatedly.

  • Maintaining or opening a place for manufacturing a controlled substance.

According to HS 11366, a place means an apartment or a house, but it does not have to be a drug house. For instance, a motel or hotel room may be a place purposely for HS 11366. Under HS 11366, you are only guilty if you maintain or open a drug house for giving an opportunity to other people to use controlled substances.

According to HS 11366, it is a wobbler offense to maintain or open a place purposely to distribute or sell controlled substances under California law. You may be guilty of a felony or misdemeanor at the discretion of the prosecutor. The consequences of felony charges under HS 11366 include a fine of $ 10,000 or two years, three years, or 16 months in California State prison. Under HS 11366, misdemeanor penalties include a fine of $ 1000 or one year in county jail. According to California's asset forfeiture laws, your property maintained in the alleged drug house; could also be confiscated except if:

  • More than two individuals own it, and one is not aware of the unlawful activity.

  • The property is used for another legal purpose or is a family residence.

Violation of HS 11383

Possessing materials for manufacturing drugs means having the right to control or control the materials, either through someone else or personally. According to HS 11383 statute, it is an offense to possess particular ingredients with the intention of manufacturing a controlled substance. The statute HS 11383.5 and HS 11383 apply to controlled substances such as methamphetamine, phencyclidine, methylamine, and phenyl-2-propanone. These substances are used to manufacture meth, piperidine, and cyclohexanone used to manufacture PCP. Possession of these isomers and the combinations of chemicals may lead to a conviction for manufacturing controlled substances. To be charged under HS 11383.5 and HS 11383, the prosecutor must prove two elements of the offense:

  • You intended to manufacture one of the drugs going by the fact that you possessed those materials.

  • You possessed particular chemicals in specific combinations in order to manufacture methamphetamine or PCP.

It is a felony in California to possess the chemicals for manufacturing controlled substances. Under HS 11383.5 and 11383 HS statutes, the penalties include a fine of $ 10,000 or six, four, or two years in the county jail on California's realignment program and formal felony probation. Additionally, you may receive a consecutive and enhanced five-year jail; if any child less than 16 years sustains fatal body injuries from the chemicals, you possess. You may also receive a consecutive and enhanced two-year jail if you possess the ingredients for manufacturing methamphetamine or PCP in the presence of any child less than 16 years.

Violation of HS 11352

It is unlawful to transport or sell certain controlled substances under HS 11352 in California. The substances may include peyote, heroin, cocaine, and LSD. This statute does not apply to the transportation and sale of methamphetamine and Marijuana. Under California's HS 11352, transportation or selling controlled substances has the following meaning:

  • You transported it for sale

  • You were aware of the drug’s presence

  • The controlled substance was in a usable amount

  • You administered it to another person by injection or other means

  • You sold it

  • You imported it into California

  • You gave it away

It is a felony under California law to transport or sell controlled substances. The penalties for violation of HS 11352 include a fine of $ 20,000 or formal felony probation. You may also face imprisonment of six, nine, or three years if you are charged with transporting controlled substances for sale. According to California's realignment program, you could also face imprisonment of four, five, or three years in county jail.

You may not face a suspended sentence or a felony probation sentence if the following charges hold:

  • You are charged with HS 11352 for offering to sell or selling cocaine, or methamphetamine.

  • You have a prior charge or several prior charges for offering to sell, selling, or possessing for sale any drug.

  • You are charged with violating HS 11352 for offering to sell or selling more than or 14.25 grams of a substance containing heroin.

  • You have more or one prior charge for either HS 11351 or HS 11352 possession of a controlled substance for sale.

  • You are charged with HS 11352 for offering to sell or selling any amount of heroin.

Violation of HS 11366.5

It is an offense under HS 11366.5 to lease or rent a building, room, or space to store, distribute, or unlawfully manufacture a controlled substance. You may face an imprisonment of more than one year in a county jail for this offense. Under this statute, any person in control of any space, room, or building who consciously allows being used for sale any amount of heroin or cocaine may face an imprisonment of three, four, or two years. You may also face imprisonment of four, three, or two years if you had a prior conviction for the same offense.

Violation of HS 11351

It is a felony under California’s HS 11351, to possess a particular controlled substance for sale. The substances may include heroin, LSD, and cocaine. For the prosecutor to charge you of possessing a controlled substance for sale, he or she must prove some sale indicators. These indicators may include:

  • Having lots of cash in small denominations

  • Possessing scales

  • Visits by many people to your residence who only stay for short periods

  • Possessing large amounts of a controlled substance or narcotic

  • Packaging of the controlled substance in separate bindles or baggies

The Importance of an Attorney

The crime of manufacturing drugs is a serious offense whose consequences could be detrimental. When you involve an attorney in your case, the attorney will play several roles:

  • Gather evidence for your case

  • Investigate and challenge the prosecutor’s evidence against you

  • Guide you through the legal process and advise you on what to expect

  • Present you during trial

  • Help you come up with a viable defense for the charges

  • Help you to appeal an unfavorable outcome of your case

You should involve an attorney early enough to give him or her ample time to investigate your case and advise you on the way forward.

Find an Orange County Criminal Lawyer Near Me

If you are facing accusations for manufacturing drugs, you should not give up. With the help of a competent attorney, you can fight the charges and get a favorable outcome. At Orange County Criminal Lawyer, we will evaluate your case and advise you on the best action to take. Contact us at 714-262-4833 and speak to one of our attorneys.