Manufacturing Chemical That Is Not Controlled Substance: Limited To Methamphetamine
October 1st, 2014
People v. Bergen (2008) 166 Cal.App. 4th 161, observed that language in CC 2330 stating that an element of manufacturing under H&S § 11379.6(a) is that the “defendant engaged in the synthesis, processing, or preparation of a chemical that is not itself a controlled substance” is only appropriate in prosecutions for manufacturing methamphetamine.
In light of Bergen, such should only be used in methamphetamine cases. It should not be used in cases such as Bergen, which involved beginning the manufacturing process with a controlled substance such as marijuana.
Tags: CC 2330, Controlled Substance, Manufacturing