(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).
(b)Except when an enhancement pursuant to Section 11379.7 is pled and proved, the fact that a person under 16 years of age resided in a structure in which a violation of this section
involving methamphetamine occurred shall be considered a factor in
aggravation by the sentencing court.
(c)Except when an enhancement pursuant to Section 11379.7 is pled and proved, the fact that a violation of this section involving methamphetamine occurred within 200 feet of an occupied residence or any structure where another person was present at the time the offense was committed may be considered a factor in aggravation by the sentencing court.
(d)The fact that a violation of this section involving the use of a volatile solvent to chemically extract concentrated cannabis occurred within 300 feet of an occupied residence or any structure where another person
was present at the time the offense was committed may be considered a factor in aggravation by the sentencing court.
(e)Except as otherwise provided by law, every person who offers to perform an act which is punishable under subdivision (a) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years.
(f)All fines collected pursuant to subdivision (a) shall be transferred to the State Treasury for deposit in the Clandestine Drug Lab Clean-up Account, as established by Section 5 of Chapter 1295 of the Statutes of 1987. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by the county.
Notes of Decisions
Cited in
16
cases (
5 in the last 5 years), 1990–2024 · leading case:
People v. Vega, 222 Cal. App. 4th 1374 (Cal. Ct. App. 2014).
People v. Vega, 222 Cal. App. 4th 1374 (Cal. Ct. App. 2014).
· cites it 3× “” Health and Safety Code section 11379.6, subdivision (a) provides as follows: “Except as otherwise provided by law, every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either *1380 directly or indirectly by chemical extraction or…”
People v. Luna, 170 Cal. App. 4th 535 (Cal. Ct. App. 2009).
“) Health and Safety Code section 11379.6, subdivision (a) punishes “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…”
People v. Jackson, 218 Cal. App. 3d 1493 (Cal. Ct. App. 1990).
“4 Health and Safety Code section 11379.6, subdivision (a), on the date of the offense, provided, in pertinent part, as follows: “[E]very person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction…”
People v. Costa, 91 Cal. Daily Op. Serv. 10011 (Cal. Ct. App. 1991).
“(a)) and David Costa’s conviction of manufacturing amphetamine (Health and Saf. Code, § 11379.6). 1 On appeal, they contend that the prosecution failed to plead and prove that the manufacturing of the controlled substance was for the purpose of sale or distribution and that this…”
People v. Brownfield CA3 (Cal. Ct. App. 2021).
· cites it 2× “He claims that even if there was evidence, he was manufacturing concentrated cannabis, the evidence was insufficient that he did so through a means prohibited by Health and Safety Code section 13379.6, subdivision (a).”
People v. Santos CA3 (Cal. Ct. App. 2016).
“And in 1994, he was convicted of the following offenses: manufacture of a controlled substance (Health and Saf. Code, § 11379.6, subd. (a)); violation of or conspiracy to violate Health and Safety Code section 11379.”
People v. Wooten CA5 (Cal. Ct. App. 2016).
“F11902121 with violating Health and Safety Code section 11379.6, subdivision (a), a felony, by manufacturing hash oil.”
People v. Broadway CA3 (Cal. Ct. App. 2023).
“2010 conviction May 2, 2013 Health and Saf. Code, § 11379.6, Three years in county prison subd.”
(PC) Shropshire v. D'Agostini (E.D. Cal. 2021).
“) 26 1 Plaintiff states that he “came to be in custody at El Dorado County Jail” following his 27 conviction for violation of California Health and Safety Code § 11379.”
— Cal. Health and Safety Code § 11379.6(a) — 2 cases
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