Manufacturing legal defenses and penalties

In California, it is a crime to manufacture a controlled substance. The specific offense and the potential penalties depend on the type and amount of the controlled substance involved.

Under California Health and Safety Code Section 11379.6, it is a crime to manufacture any controlled substance. The offense can be charged as a felony or a misdemeanor, depending on the circumstances of the case and the defendant's criminal history. If charged as a felony, the potential penalties can include imprisonment in the state prison for three, five, or seven years. If charged as a misdemeanor, the potential penalties can include imprisonment in the county jail for up to one year.

There are additional laws that specifically prohibit the manufacture of certain controlled substances, such as methamphetamine, and these offenses carry their own penalties. For example, under California Health and Safety Code Section 11379.8, it is a crime to manufacture methamphetamine. This offense is always charged as a felony, and the potential penalties can include imprisonment in the state prison for three, five, or seven years.

There are several legal defenses that a person charged with manufacturing a controlled substance in California might be able to raise, depending on the circumstances of the case. Some possible defenses might include:

• Lack of knowledge: It is a defense to the charge if the defendant did not know that they were manufacturing a controlled substance.
• Lack of intent: It is a defense to the charge if the defendant did not intend to manufacture a controlled substance.
• Lack of control: It is a defense to the charge if the defendant did not have control over the substances or equipment used to manufacture the controlled substance.
• Entrapment: It is a defense to the charge if the defendant was induced or coerced by law enforcement to manufacture the controlled substance.
• Illegal search and seizure: If the evidence against the defendant was obtained as a result of an unlawful search and seizure, the defendant may be able to have the evidence suppressed, which could weaken or even dismantle the prosecution's case.

It is important to note that these are just some of the possible defenses that might be available in a case involving the manufacture of a controlled substance. The specific defenses that are available will depend on the facts and circumstances of the case. An experienced criminal defense attorney can help a person charged with manufacturing a controlled substance in California to understand their legal options and to mount an effective defense.

Regardless of the classification of the offense, it is important that you seek the assistance of competent legal counsel to help you best understand your legal defense while identifying an outcome that best minimizes your risk. We here at the H Law Group patiently await your call.