Description

Every person who manufactures, compounds, converts, produces, derives, processes or prepared, either directly or indirectly by chemical extraction or independently by means of chemical synthesis any control substance may be charged with Manufacturing Controlled Substances.

What does the prosecutor have to prove?

1. Defendant manufactured (or offered to manufacture), by means of chemical extraction, or synthesis a controlled substance;
2. Defendant had the intent to manufacture a controlled substance. [Cal Crim No. 2331]

Punishment

Felony: 3years/5years/7years
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? Yes
Do I lose my right to own or possess a firearm if convicted? Yes
Do I lose my right to vote if convicted? Yes
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