Along with the manufacture of the drug, the law also outlaws:
6.Offering to do any of these activities
Manufacturing precursors to these or other illegal drugs is also prohibited. This would include possessing the equipment commonly used to prepare a certain illegal drug even if the chemicals you used or possessed are legal. You do have to possess more than just the equipment, however.Get more on the topic from this page.
Defenses to Drug Manufacturing
You may not be convicted of manufacturing under the state’s applicable code if you were merely preparing to do so and lacked the capacity to manufacture the product. If you did not have any illegal substances, had yet to assemble the equipment alleged to be used for illegal manufacturing or did not have any of the illegal final product on hand, you may argue that your activities were only preparatory so that none of your acts satisfies the elements of this law.
Attempting to do any of these activities, though, is a crime though the penalties are not nearly as severe as being convicted of manufacturing.
-Unlawful Search and Seizure
Overzealous police who enter a structure or dwelling without a search warrant or absent exigent circumstances in which a warrant may not be necessary are violating the law. If a search warrant is issued, police may search only in the areas listed and for the particular evidence noted in the warrant unless observed in plain view. Any evidence they seize or try to have admitted as incriminating evidence may be thrown out if your lawyer can demonstrate a violation of your 4th Amendment right against unreasonable searches and seizures.
-Lack of knowledge
If you rent a unit where a drug lab is operating, you may be unaware of the illegal activities. You may have gone to a dwelling to buy illegal drugs only and were arrested but you will probably only be charged with use or possession.
Depending on the drug in question, the quantity produced, if a drug you produced resulted in a fatality or serious bodily harm, or if child were present, you could face considerable sentencing enhancements. Normally, a violation carries state prison time of 3,4 or 5 years and a fine of up to $50,000. In some cases, your drug defense attorney may be able to plausibly argue that you were manufacturing for your own personal use. If so, you may be able to negotiate your offense to a possession charge where you may be eligible for drug diversion.
Manufacturing drugs may be only one of many other charges you could face in these cases. Possession of a controlled substance is a felony, as is possession of prescription drugs if they are not prescribed for you. As a landlord or home owner, you can face charges for knowingly allowing another person to manufacture drugs, or to sell, store or distribute them. This is a “wobbler” offense and can be charged as a misdemeanor or felony. A felony carries up to 3 years in state prison.
Drug manufacturing is a serious offense that requires the experience of a criminal defense attorney who has handled these types of cases and can offer you numerous legal options. Call a California criminal defense lawyer today if you face any drug charge.