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California Health and Safety Code Section 11383 and 11383.5 HSC: Possessing Drug Manufacturing Materials

by admin   May 09, 2018   Filed Under: Uncategorized

Possessing and manufacturing illegal drugs is a very serious crime in the state of California. One law that is in place that helps to control the production of illegal drugs is Health & Safety Code 11383 & 11383.5. This law makes it illegal for individuals to possess a few different chemicals with the intent of eventually manufacturing those into controlled substances. The law specifically applies to the planned production of PCP and methamphetamines.

How to Prove Guilt
When you are looking to prove someone is guilty of Health & Safety Code 11383 & 11383.5, there are two parts of the crime that must be proven. The first part is providing that the individual possesses chemicals that could then be used to manufacture PCP, meth, or another drug that is similar in nature. The second element that is needed is to be able to prove the holder of these chemicals intends on using the chemicals to actually manufacture these drugs. In general, someone will need to hold a certain amount of the chemicals in order to be found guilty.

What Drugs and Chemicals Does the Law Apply To?
The Health & Safety Code 11383 & 11383.5 law applies to the manufacturing of PCP and meth. The law attempts to control a variety of different chemicals that are used in this process, which include piperidine, cyclohexane, methylamine, ephedrine, and even common cold medicine, which has other drugs inside of it that can be extracted. Individually, none of these chemicals are illegal, but in quantity they are evidence of the intent to manufacture controlled substances.

What Constitutes Possession?
Similar to the possession of other controlled substances and items, you can technically possess an item per the law even if you never actually hold the items. For you to be considered in possession of a controlled chemical under this law, all you will need to have is the right to control the items. For example, if an individual has these items shipped to a storage container that the have access to, they can be considered to have possession. It can also be considered possession if someone has the chemicals sent to any other address in which they have access to.

Penalties for Health & Safety Code 11383 & 11383.5
Due to the seriousness of the crime, there are some significant penalties that come to those that are found guilty. Those that are found guilty can face felony probation, but to six years in a state prison, and a fine of up to $10,000. If you possess the materials in a home that also has children under the age of 16 present, you could face up to another two years of prison. If the children are hurt due to the chemicals being onsite, you could face an additional five years in prison.

Those that are found guilty of actually producing the controlled substances could face a considerably longer prison sentence, which will be even longer if they are caught attempting to sell.

Legal Defense
While Health & Safety Code 11383 & 11383.5 is a serious crime that comes with big penalties, there are some common strategies that could be followed to help fight the charges. One of the most common ways to fight the crime is to discover that police found the chemicals after they violated search and seizure laws without a warrant.

Another common defense can include stating that you did not know that the chemicals were illegal or that you never actually possessed the chemicals. Depending on your criminal history and background, the easiest form of defense may be to claim that you never intended to produce anything illegal and had other intents for the use of the chemicals.

Due to the seriousness of the crime, it is important that you reach out to an attorney if you are charged with the crime. A legal defense attorney will help you to build a defense case to greatly reduce your potential punishment.