In California, there are specific laws and regulations regarding the manufacturing, selling, consumption, and manufacturing drugs, narcotics, and other controlled substances. While shows like Breaking Bad can dramatize what it is like to manufacture illegal drugs, the reality is that the state has strict laws against the manufacturing of drugs and the penalties are severe. The California Health and Safety Code 11379.6 HS has made it illegal to manufacture, produce, or prepare (without explicit permission) controlled substances.
Hallucinogenic drugs
The definition of a controlled substance can be found in the Controlled Substance Act, which includes drugs like cocaine, heroin, methamphetamines, and other hallucinogenic drugs. There are other drugs included in the act, as well as state-specific drug laws. Some may incorrectly think that they can only be found guilty of Code 11379.6 HS if they actually complete the manufacturing process. Said assumption is incorrect; the crime will apply as soon as the defendant has knowingly acted on, even the first, steps needed to produce the drug. Moreover, this crime also applies to using and preparing chemicals that are necessary for the creation of the final product, even if those preliminary chemicals are not illegal themselves.
In order for the prosecution to find the defendant guilty, one of the elements they must prove is that the actions of the defendant were examples of an intentional act to manufacture the drugs. Simply wanting to prepare does not count but remember that even little steps can if they are overt acts. If the prosecution proves the aforementioned, as well as other elements of the crime, the convicted individual faces a felony sentence. The punishments include spending up to seven years in a state prison, probation and/or fines of up to $50,000.
