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In our ongoing series of posts on California’s penal code, we’ve tried to show that while the mountain of legalese you’ll often have to climb to make any sense of the letter of the law can at some times be complicated and at other times be downright convoluted, this doesn’t always have to be the case. In fact, if you break the law down into easy to digest parts and explain everything in sequence, it becomes easy to not only make sense of the law but also to figure out just how you’re going to go about mounting your legal defense. With that said, in this post we’re going to look at the charge of manufacturing drugs / narcotics / controlled substances. First we’re going to explore some of the definitions involved, then we’re going to look at the punishments that you can expect, and finally we’re going to figure out what kind of legal defenses you can use to defend yourself in court. So let’s get started with the definitions, shall we?
Definitions of Manufacturing Drugs / Narcotics / Controlled Substances
In super simple terms, this law just basically prohibits people from making drugs, narcotics, or controlled substances. Along with this, it prohibits even engaging in an activity that will lead to these things being manufactured. So even if you didn’t participate in the actual manufacturing of the drug and actually just participated in one of the earlier steps involved, you can still in fact be convicted under this law. It’s important to keep this in mind, as any sort of participation in the manufacturing process, however minor, still counts just as strictly as if you yourself were going through every step of the process to make these drugs. So now that we’ve gotten the definitions out of the way, let’s move on to the punishments you’ll be facing.
Punishments for Manufacturing Drugs / Narcotics / Controlled Substances
The bad news here is that the crime of manufacturing drugs / narcotics / controlled substances is actually punished as a felony. This means that, should you end up being convicted, you could be facing three, five, or seven years in county jail, as well as a maximum fine of a whopping $50,000. On top of that, if children live where you made the drugs, you could be facing a consecutive sentence of up to five years. You could face even longer charges if you’re making meth, have prior convictions, or have committed other offenses while making the drugs. So now that we know the punishments, let’s have a look at the legal defenses you can use.
Legal Defenses for Manufacturing Drugs / Narcotics / Controlled Substances
There are a few defenses you can use when it comes to the charge of manufacturing drugs / narcotics / controlled substances. Among them, you can claim that your acts were only preparatory, that the drug lab was found during an illegal search, that you were just in the wrong place at the wrong time, or that you were the victim of a mistaken identity or false accusations.
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