Manufacturing controlled substances by chemical extraction is prohibited by Penal Code § 11379.6. This statute is designed to outlaw PCP and methamphetamine labs. Convictions result in a prison term of 3, 5, or 7 years and a $50,000 fine. Anyone who offers to participate in the manufacturing process is subject to a sentence of 3, 4, or 5 years in prison.
For criminal liability to attach, it is clear that the finished product does not need to be found in the lab. Rather, it is sufficient that the manufacturing process be in progress.
Possession of certain chemicals with the intent to manufacture controlled substances is outlawed. For example, it is against the law to possess hydriotic acid with the intent to manufacture methamphetamine. Many chemicals can be possessed for reasons unrelated to producing illegal drugs. Due to the difficulty in proving the precise reason why some chemicals are possessed, the Legislature set up a presumption that if a defendant has a specified chemical in his or her possession, it is possessed with the intent to manufacture unlawful drugs. The California Supreme Court has held that this statute did not create an unconstitutional mandatory presumption.
If you are under investigation or have been charged with manufacturing a controlled substance by chemical extraction, you need a criminal defense attorney on your side. This type of charge can have a major impact on your life and you need an attorney that will fight for you. Call the Law Office of Brett Parker Davison for a free consultation today!