Sec 11104.5 of the Health and Safety Code of California describes a manufacturer as “any person who knowingly or intentionally possesses any laboratory glassware or apparatus, any chemical reagent or solvent, or any combination thereof, where the value of the goods exceeds one hundred dollars ($100) or any chemical substance specified in Section 11107.1, with the intent to manufacture a controlled substance is guilty of a misdemeanor.”
The individual is considered as an illegal drug manufacturer when it falls within the above provision without the proper legal documentation or proof that such operations are legal in nature. Furthermore, the kind of drugs manufactured in the facility lends to the credence as to the true nature of the operations of the individual.
According to the same code, particularly Sec.11107.1, these substances include cocaine, heroin, crystal methamphetamine, ecstasy, GHB, PCP, LSD and marijuana. The manufacture of these drugs is considered a serious offense in the state and conviction of such a crime is punishable by imprisonment in a state facility between three to seven years. Fines imposable may amount to $50,000 and coverage of such penalties includes anybody directly or indirectly involved with the manufacture of these controlled substances.
While many drugs indicated in the law are imported, the most commonly manufactured drug in the United States is crystal methamphetamine. These drugs are also called “speed” or “meth” and in California, methamphetamine labs or “meth labs” are the most common places where manufacturing occurs.
For individuals that lease or own property where meth labs are found, they are also liable for knowingly allowing another person to manufacture drugs in a room or building owned or leased by another, even if there is no direct involvement in the process of making the drugs.
There are many factors involved in determining the imposable penalty for manufacturing drugs in California. The following are some of the factors involved in such a decision:
a) The terms of the crime, which includes the type of drug, the amount and the scale of the manufacturing operations;
b) Conduct enhancements, which include involvement of minors in the manufacturing or the drugs or operating near a school or residential area;
c) Status enhancements, which include parole violations, if any, for the offenders or prior conviction for the same or similar crimes
These factors would be used to determine the severity of the offense and the commensurate penalty to be imposed. Also other accessory penalties imposable are mandatory registration as a narcotic offender, fines, house arrest, court mandated rehabilitation and/or community service.
The crime of illegal drug manufacture is a serious offense in California. Should you be or know anyone undergoing this process, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.