Possession of Materials for Manufacturing Controlled Substance | H&S Code § 11383.7

Description

Any person who possesses both methylamine and phenyl-2 propanone at the same time with the intent to sell, transfer or other furnish those chemical to another person with the knowledge that they will be used to manufacture methamphetamine may be charged with Possession of Materials for Manufacturing Controlled Substance.

What does the prosecutor have to prove?

1. Defendant had in his or her possession not more than 28.5 grams of marijuana or not more than four grams of concentrated cannabis, or both.
2. Defendant knew of its presence.
3. Defendant was at least 18 years of age but less than 21 years of age at the time of the offense.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	Yes
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	Yes
Is this charge considered a “controlled substance violation” for immigration purposes?	Yes
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No