Health and Safety Code 11383.5 HSC
HSC 11383.5 – Possessing Materials/Ingredients Used to Make Meth
Possessing Precursors for Making Meth – Table of Contents
It is unlawful for any person to possess at the same time any combination of products, compounds, mixtures with the intent to manufacture methamphetamine or n-ethyl amphetamine (Meth) or its derivatives.
What is the definition of the term possession as defined under Health and Safety Code 11383.5 HSC?
There is actual possession and constructive possession. Actual possession is a person’s knowledge that they are exercising direct physical control of an object. Constructive possession does not require physical control but requires a reasonable understanding that a person has a right to exercise control by themselves or through another person.
What is the mental state required for a violation of Health and Safety Code 11383 HSC?
Health and Safety Code 11383.5 HSC is a specific intent crime. Specific intent crimes are synonymous to the mental state “Intentional”. Intentional is doing an act on purpose, but as a specific intent crime a person must purposefully complete the objective designated as a crime- and desire specifically with acknowledgement any circumstances that might result that is associated with the category of conduct or act the person needs completed. Therefore, the State must prove, beyond a reasonable doubt that either the person had a conscious desire or purpose to act in a certain way or to cause a certain result.
As applied to Health and Safety Code 11383.5 HSC, the State must prove beyond a reasonable doubt, that the accused specifically desired to possess materials or ingredients used to make Meth; and if not specifically desired to have through that person’s conduct the possession of materials and or ingredients used to make Meth; while being specifically aware of the natural and probable consequences that would result from the conduct to desire the possession of materials and or ingredients used to make Meth.v
What materials or ingredients are categorized as those affiliated with meth, under Health and Safety Code 11383 HSC?
Basic ingredients required for a violation under Health and Safety Code 11383.5 HSC are methylamine and phenyl-2-propanone. These basic ingredients must be in combination in the same area. Methylamine is a raw material gas used for compression and treating other chemicals as a coating mechanism it is like ammonia.
Ephedrine is chemical compound used for allergic reactions to help alleviate shortness of breath and stomach tightness. Pseudoephedrine is a chemical compound used to alleviate nasal congestion and headaches.
Norpseudoephedrine is a chemical compound used for nasal decongestants. N-ethylpseduoephedrine is a chemical compound used to reduce the effects of respiratory tract infections. Phenylpropanolamine is a chemical compound used to suppress appetite, and a diuretic used to treat canine urinary tract infections. Phosphorus is a chemical compound used for marking such as designations for targets, smoke screens, art accessories, and gun powder. Pentachloride is a chemical compound used to treat metals or things with metallic characteristics. Chloroephedrine is a chemical compound used to clear the throat and to sustain watery eyes. Chloropseudoephedrine is a chemical compound used to make bath salt. And hydriodic acid is a chemical compound used in disinfectants. These raw materials must be possessed alone or together at the same time in sufficient quantities.
A violation of Health and Safety Code 11383.5 HSC is chargeable as a felony. Punishment is confinement of 2, 4, 6 years in prison. If there is a possession of a compound mix containing portions of any basic ingredient to make Meth the punishment is confinement of 2, 4, 6 years in prison. If there is possession of an immediate precursor of a basic ingredient required to make Meth, the punishment is confinement of 2, 4, 6 years in prison.
What is example of violations of Health and Safety Code 11383 HSC?
- Van and his friend James wanted to find out how to make Meth. They just saw one of their favorite TV shows and wanted to test the ingredients. They both are drug free and intended to sell what they made. They followed the TV show’s direct methods to acquire the ingredients over the course of 7 days. The ingredients were stored at Van’s house. One the last day they had to drive 300 miles to get 10 gallons of hydrochloric acid. One the way back they were stopped for driving too conspicuously slow on the road. The officer noticed the 10-gallon vat and saw the label stating it was hydrochloric acid. This was a highly unusual amount for someone to have, so the officer asked for their employment status or proof of medical affiliation. They asserted their 5th Amendment rights. The officer detained the two, and the police went to Van’s house and observed the remaining ingredients. Van and James were arrested.
- Mistake of Law – Government License; Commercial License
- Mistake of Fact – Purchase of incorrect isomers, precursors, or ingredients to properly mimic the characteristics of PCP
- Lack of Possession – Lack of authority to demonstrate constructive possession.
If you are charged with a violation of Health and Safety Code 11383.5 HSC, call The Esfandi Law Group, APLC.
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