California Drug Cultivation – Charges for Drug Manufacturing
On a very general level, manufacturing drugs is illegal. However, within California, the list of controlled substances, and the leeway that local law enforcement gives in some situations but not others makes charges for drug manufacturing confusing. There are many times when a section of the Health and Safety Code may or may not apply to you. There are other times when a violation that seems simple could end up as felony charges.
Although California has legalized marijuana, many people still face serious charges for the cultivation and mass distribution of the substance. Other legal substances such as prescription medications and similar can lead to serious charges as well. When it comes to manufacturing, you must prove that you either had permission to grow, or that you had personal purposes for blending, mixing, or otherwise chemically altering the drug.
Manufacturing, within the scope of California law, is relative to the chemical extraction or processing of controlled substances. So a lot of manufacturing does exclude widely popular drugs such as marijuana. A lot of it also excludes controlled substances such as prescriptions. Perhaps the most common drug cited in drug manufacturing charges is methamphetamine.
Essentially what the court will need to prove to uphold these charges against you is that you purposefully or accidentally chemically altered the compound or produced an extraction through chemical synthesis.
That is a little difficult to understand at first, what it comes down to is whether you possibly altered the original form of the substance. Then you’d have to explore whether that substance was controlled and illegal.
There are some chemicals that no one in California has permission to process. We’re talking beyond the scope of prescription medications or commonplace legal substances such as alcohol. The specified chemicals include all methamphetamines and PCP, or phencyclidine.
The possible penalties for drug manufacturing include severe fines that could go as high as $50,000 and the likelihood of jail time. Most drug manufacturing cases will see either three, five, or Seven years for prison time.
What’s worse is that the possible penalties vary drastically from person to person. There is no greater consistency throughout the state of California over who receives a three-year sentence versus whom receives a seven-year sentence.
Possible Defenses for Manufacturing Charges in California
The foundation for possible defenses when it comes to truck manufacturing includes the defense that you either had the authority or that you had permission to manufacture in small doses. For example, many people can acquire a state-issued license for drug manufacturing. The drug manufacturing charges may not be the worst charges that you’re facing at this time.
Often in drug manufacturing churches come as a bundle with additional charges for intent to distribute, and possession. You’ll need to explore whether you’re facing felony or misdemeanor charges, and how likely it is that you can win your case.
The defenses for drug charges don’t guarantee that sentencing, to some degree, isn’t possible. However, you can best protect yourself with strong legal representation. A California criminal defense attorney can create a strong platform for your defense and fight against the charges you’re facing.
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