Charged with Drug Manufacturing (Health and Safety Code § 11379.6) in California?

Drug manufacturing charges in California—especially under Health and Safety Code § 11379.6—carry serious consequences. But not every arrest means guilt, and not every case is as clear-cut as law enforcement would have you believe. At The Nieves Law Firm, we fight for those accused of manufacturing drugs by challenging overreaching police tactics, unlawful searches, and weak government evidence. If you’re under investigation or have already been charged, here’s what you should know.

Drug Manufacturing Under Health and Safety Code § 11379.6

Health and Safety Code § 11379.6 criminalizes the manufacturing of controlled substances. But this isn’t limited to massive drug labs or street-level operations—it can include things like growing psilocybin mushrooms, processing marijuana concentrates using volatile chemicals, or even possessing certain tools that suggest an intent to manufacture drugs.

Under § 11379.6(a), it’s illegal to:

“Manufacture, compound, convert, produce, derive, process, or prepare, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance” listed in HSC §§ 11054–11058.

This includes substances like:

• Methamphetamine
• Cocaine
• Ecstasy (MDMA)
• LSD
• Heroin
• Certain concentrated forms of cannabis

You don’t need to be caught with a finished product. Simply possessing chemical precursors or equipment used in drug production may be enough for law enforcement to pursue charges under this statute.

Penalties for Drug Manufacturing in California

Felony Charges with Lengthy Prison Time

Drug manufacturing under HSC § 11379.6 is a felony in California. The base sentencing range is:

• 3 years
• 5 years
• 7 years (imposed at the judge’s discretion under California Penal Code § 1170(h))

Additionally, defendants may face:

• Fines of up to $50,000
• Additional sentencing enhancements for aggravating factors (explained below)

Depending on the case, you may also be ineligible for probation, diversion, or drug treatment alternatives.

Sentencing Enhancements and Aggravating Factors

The law specifically identifies certain circumstances that can make penalties more severe.

Children Present

Under § 11379.6(b), if someone under 16 lived in the same structure where methamphetamine was manufactured, the court may treat that as an aggravating factor at sentencing—even without proving an enhancement under HSC § 11379.7.

Proximity to Residences

Per § 11379.6(c), if methamphetamine manufacturing occurred within 200 feet of an occupied residence or structure with people present, that can increase the sentence.

Volatile Solvent Use for Cannabis Extraction

If a volatile solvent (like butane) was used to extract concentrated cannabis within 300 feet of an occupied structure, the court may treat that as an aggravating factor under § 11379.6(d).

What Counts as “Manufacturing” Under the Law?

This is where many people get surprised. Manufacturing doesn’t require a full-blown operation.

Examples That Can Trigger Charges:

• Buying or possessing precursor chemicals (e.g., pseudoephedrine or red phosphorus)
• Owning lab equipment commonly used to synthesize drugs
• Extracting THC from marijuana using butane or other flammable substances
• Cooking meth or producing hallucinogens in small batches

Attempted Manufacturing

Even if you weren’t successful, simply offering to manufacture drugs—under § 11379.6(e)—can lead to three, four, or five years in prison.

Legal Defenses to Drug Manufacturing Charges

At The Nieves Law Firm, we build strategic, aggressive defenses tailored to each client’s situation. Here are some common legal defenses that may apply:

1. Unlawful Search and Seizure

Many drug lab investigations start with searches that violate your Fourth Amendment rights. If police entered your home or searched your property without a valid warrant or probable cause, we may be able to suppress critical evidence.

2. Lack of Knowledge

To convict, prosecutors must prove you knew you were manufacturing a controlled substance. If you were unaware of the nature of the materials or chemicals present (e.g., living in a shared residence), that can be a powerful defense.

3. No Intent to Manufacture

Possession of certain tools or chemicals alone does not automatically prove intent to manufacture. If items have lawful or alternative uses, we can argue that the prosecution failed to meet its burden.

4. Entrapment

If law enforcement pressured or tricked you into manufacturing drugs—especially in sting operations—this could support an entrapment defense.

5. Mistaken Identity or False Allegations

In cases where multiple people have access to a space or property, it’s possible someone else was responsible. We investigate thoroughly to uncover inconsistencies in witness statements, lab reports, or surveillance.

Drug Manufacturing vs. Other Drug Offenses

It’s important to distinguish manufacturing from other drug-related charges:

Offense	Key Difference
Possession (HSC § 11350)	Having a controlled substance for personal use
Possession for Sale (§ 11351)	Intent to distribute or sell drugs
Transportation/Sales (§ 11352)	Moving or selling drugs
Manufacturing (§ 11379.6)	Producing or preparing drugs from raw materials

Drug manufacturing typically carries harsher penalties than possession or even sales, due to the perceived danger and scale of the operation.

Can I Get Drug Manufacturing Charges Reduced or Dismissed?

Possibly—especially if it’s your first offense or if the case is weak. Depending on the facts, we may pursue:

• Charge reduction to simple possession or attempted manufacture
• Diversion programs (limited eligibility due to the seriousness of the charge)
• Plea deals that avoid prison time
• Dismissal due to constitutional violations or lack of evidence

If your arrest involved manufacturing methamphetamine, courts are less likely to allow alternatives to incarceration. However, strong advocacy from the right legal team can still make a significant difference.

Why Hire The Nieves Law Firm?

You don’t want just any criminal defense attorney. You want a law firm that is known for fighting hard and winning smart. At The Nieves Law Firm:

• We prioritize your future, not just your case.
• We attack sloppy police work and overcharged complaints.
• We’re relentless in our investigations, negotiations, and litigation strategy.
• And we believe that one mistake or misunderstanding shouldn’t define your life.

We understand how the prosecution thinks, and we know what it takes to dismantle their case. Whether your charges stem from an actual lab, alleged cannabis extraction, or something far less intentional, our goal is always the same: protect your rights and freedom.

Facing Serious Charges? We’re Ready to Help Right Now.

If you’re being investigated or have already been charged under Health and Safety Code § 11379.6, don’t wait. These cases move quickly, and your defense should too.

Call The Nieves Law Firm now or request a consultation online to speak with a member of our team. Let’s take control of the situation and fight back—together.