Clandestine Drug Lab Charges
There are a number of criminal charges that can be filed in a California clandestine drug lab case, and nearly all of them carry extremely harsh repercussions that include prison time. However, it may be possible to successfully fight a California clandestine drug charge. A knowledgeable California drug defense lawyer from The Kavinoky Law Firm will do everything possible to fight for your rights and freedom, and safeguard you from the substantial consequences of a clandestine drug lab charge.
Although California’s clandestine lab laws can be applied to the manufacture of any drug, they are most commonly used to prosecute methamphetamine cookers. You can be charged in connection with a clandestine lab without ever having stepped foot in one — for example, it’s against the law to possess certain chemicals “with the intent to manufacture.” Many of the chemicals used in methamphetamine manufacturing are found in common household products and over-the-counter medications such as cold medicine.
California’s determinate sentencing laws spell out three possible sentences for felony charges — the lower, the middle and the upper term, expressed in months, or more typically, years. The sentence the judge hands down will depend on aggravating and mitigating factors — knowledge about the defendant that prompts the court to act with harshness or leniency.
These are the charges that can be filed in a California clandestine drug lab case:
Code Section Charge Sentence 11379.6 Manufacturing 3-5-7 plus $50,000 11383a,c Analogs (material similar in chemical composition to controlled substance) Punishment identical to that for the controlled substance 11401 Analogs (material similar in chemical composition to controlled substance) Punishment identical to that for the controlled substance 11100 Report to the DOJ transactions involving precursors, including P2P, methylamine, ephedrine, pseudoephedrine, saffrole, hydriotic acid and others Misdemeanor
If prior conviction for 11100,
16-2-3
11100(g)(3) Sell more than three packages containing (or more than nine grams total of) ephedrine, pseudoephedrine, norpsendoephedrine, or phenylpropanoline Misdemeanor 11104 11100 precursors sold with knowledge of intent to unlawfully manufacture 16-2-3 11104.5 Possession of glassware/apparatus with intent to unlawfully manufacture Misdemeanor 11105 False 11100 report or statement Misdemeanor, if prior 2-3-4 plus $100,000 fine 11107.1 Sale or purchase by individual of more than 8 oz. iodine or more than 4 oz. red phosphorus in a 30-day period Misdemeanor 11374.5 Disposal of hazardous substances by manufacturer of controlled substances Misdemeanor or 2-3-4 plus cleanup-cost-based penalty 25189 Civil penalties and costs for intentional or negligent disposal of hazardous waste 25189.6a Knowingly, recklessly treats, handles, disposes hazardous waste creating unreasonable risk of fire, injury etc. 16-2-3 25189.6b Knowingly place another in imminent danger while 25189.6a 3-6-9 PC182a1 Conspiracy to do any of the above Same as substantive charge
As the above charges and penalties demonstrate, the consequences of operating a clandestine lab in California are extremely harsh. However, it’s possible to mount an aggressive defense to California clandestine lab charges. If you’re accused of manufacturing drugs in California, a skilled defense lawyer from The Kavinoky Law Firm is ready to fight for your rights and your freedom. Please contact us today at 1.800.NO.CUFFS for a free consultation.
