Health & Safety Code § 11383 & § 13383.5

§ 11383 & § 13383.5– Possessing Materials for Manufacturing Meth and other Controlled Substances

What counts as a violation of Health & Safety Code § 11383 and § 11383.5?

Health & Safety Code § 11383 and § 11383.5 make it a crime to possess a combination of certain materials used to manufacture methamphetamines

This includes possession of any of the following under Health & Safety Code § 11383:

  • Piperidine and cyclohexanone
  • Pyrrolidine and cyclohexanone
  • Morpholine and cyclohexanone

This includes possession of any of the following under Health & Safety Code § 11383.5:

  • Methylamine and phenyl-2-propanone
  • Ephedrine or pseudoephedrine, or its components
  • Precursors sufficient for the manufacture of certain components
  • Essential chemicals sufficient to manufacture hydriodic acid or a reducing agent

What is the punishment for a violation of of Health & Safety Code § 11383 or § 11383.5?

A conviction for under Health & Safety Code § 11383 is a felony

A felony is punishable by up to six years in state prison and up to $10,000 in fines

What are the defenses to Health & Safety Code § 11383 or § 11383.5?

  • You did not intend to manufacture drugs with those materials
  • You were unaware of the nature of the materials you possessed
  • The materials were seized during an unlawful search

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