In California law, there are several layers of criminality associated with illegal drugs. There are penalties for selling, possessing, and using drugs, as well as for manufacturing them. This article deals with the law regarding the manufacturing of drugs, narcotics, and controlled substances. However, the crimes are not mutually exclusive. A person can be manufacturing, selling, and using drugs all at the same time.
Elements of the Crime
The California Health and Safety Code 11379.6 HS stipulates that manufacturing illegal substances also includes actions like converting, processing and preparing them. Therefore, the individual can be arrested for this charge regardless of whether they’re still in the process of making the drug or have finished creating the final version. Simply being a part of any of the steps necessary to willingly create these substances counts. Furthermore, the controlled substances include drugs like cocaine, methamphetamines, and heroin, among others.
Conviction and Penalties
Manufacturing narcotics is not a wobbler offense (one that can be a misdemeanor or felony) but is instead classified as a felony. If found guilty, the perpetrator faces jail time and a fine. Based on the person’s previous criminal history and the context of the crime, the jail time can last much longer than five years. Given the severity of the crime, it is vital that those who have been accused of manufacturing narcotics seek the immediate counsel of an experienced criminal attorney – like those at Law Advocates Group. The attorney will help the accused to present a defense in court.