June 24, 2015

Manufacturing a Controlled Substance (Marijuana, Hash Oil, etc.) | HS 11379.6(a)

Except as otherwise provided by law, every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, five, or seven years and by a fine not exceeding fifty thousand dollars ($50,000).

Process

“Unlike the general prohibitions in section 11358, the focus of section 11379.6(a) is on the particular processes employed to produce a controlled substance—by chemical extraction or chemical synthesis. Stated differently, section 11379.6(a) does not simply make unlawful the processing of concentrated cannabis as does section 11358. It prohibits and punishes the specific means used to process marijuana plant material into concentrated cannabis. In this sense section 11379.6(a) is a more narrowly drawn statute, covering only specific methods of processing “marijuana”—which by statutory definition includes concentrated cannabis.” People v. Bergen, 166 Cal. App. 4th 161, 169, 82 Cal. Rptr. 3d 577, 582 (2008).

What is Chemical Extraction?

The Attorney General defined the “chemical extraction” prohibited by section 11379.6(a) as “the process of removing a particular component of a mixture from others present.” The Attorney General gave an example of chemical extraction, namely “the extraction of resinous THC (tetrahydrocannabinol) or hashish from marijuana.” People v. Bergen, 166 Cal. App. 4th 161, 170, 82 Cal. Rptr. 3d 577, 583 (2008).

Search (Defense)

The 4th amendment protects a person from unreasonable searches and seizures. Searches conducted by the police must be based on probable cause and with a valid search warrant or pursuant to a valid exception to a warrant requirement. If police conducts an illegal search than the evidence found will be suppressed. 

If you have been charged with HS 11379.6, call our office. 619-357-6677. We specialize in marijuana defense. 

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