California Codes

Cal. Health and Safety Code § 11366.5 (2026)

✓ current as of May 2026

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(a) Any person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly rents, leases, or makes available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any controlled substance for sale or distribution shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code.

(b) Any person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly allows the building, room, space, or enclosure to be fortified to suppress law enforcement entry in order to further the sale of any amount of cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, heroin, phencyclidine, amphetamine, methamphetamine, or lysergic acid diethylamide and who obtains excessive profits from the use of the building, room, space, or enclosure shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.

(c) Any person who violates subdivision (a) after previously being convicted of a violation of subdivision (a) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.

(d) For the purposes of this section, “excessive profits” means the receipt of consideration of a value substantially higher than fair market value.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1991–2021 · leading case: People v. Costa, 91 Cal. Daily Op. Serv. 10011 (Cal. Ct. App. 1991).

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People v. Costa, 91 Cal. Daily Op. Serv. 10011 (Cal. Ct. App. 1991). “Appellants David Costa and Deanna Costa appeal from their convictions, after a jury trial, of knowingly making their home available for the manufacturing of a controlled substance for sale or distribution (Health and Saf. Code, § 11366.5, subd. (a)) and David Costa’s conviction…”

Wheeler v. App. Div. (Cal. Ct. App. 2021). “) In particular, Health and Safety Code section 11366.5, subdivision (a) provides that “[a]ny person who has under his or her management or control any building .”

People v. Ho CA2/3 (Cal. Ct. App. 2014). “First, like the court’s instruction in this case, Health and Safety Code section 11366.5, subdivision (a), contains the phrase, “for the purpose of unlawfully manufacturing, storing, or distributing any controlled substance for sale or distribution.”

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