Health and Safety Code 11383 HSC
HSC 11383 – Possessing Materials or Ingredients Used to Make PCP
Possessing Materials, Ingredients to Make PCP – 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 phencyclidine (PCP) or its derivatives.
What is the definition of the term possession as defined under Health and Safety Code 11383 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 HSC 11383?
Health and Safety Code 11383 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 desire to complete the objective as a crime- and desire specifically with acknowledgement any circumstances that might result. 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 HSC, the State must prove beyond a reasonable doubt, that the accused specifically desired to possess materials or ingredients used to make PCP; and if not specifically desired to have through that person’s conduct the possession of materials and or ingredients used to make PCP; while being specifically aware of the natural and probable consequences that would result from the possession of materials and or ingredients used to make PCP.
What materials or ingredients are categorized as those affiliated with PCP, under HSC 11383?
Basic ingredients required for a violation under Health and Safety Code 11383 HSC are piperidine, cyclohexanone-pyrrolidine, cyclohexanone-morpholine, and cyclohexanone. These basic ingredients must be in combination in the same area. Piperidine is a raw material used for pharmaceuticals, rubber, and other agrochemicals. Cyclohexanone-pyrrolidine is a raw material used for pharmaceuticals primarily for the treatment of epilepsy. Morpholine is a raw material that is a brightener for detergents that gives it a gleamy glassy effect for brand consumption. Cyclohexanone is a raw material that is used for stain removers for wood, insecticides, and paint varnish. These raw materials must be possessed alone or together at the same time in sufficient quantities.
Are there any exceptions to a violation of HSC 11383?
Yes. If the person has a license or permit to possess pharmaceutical raw materials as provided by the Board of Pharmacy in the State of California.
A violation of Health and Safety Code 11383 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 PCP 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 PCP, the punishment is confinement of 2, 4, 6 years in prison.
What are examples of violations of Health and Safety Code 11383 HSC?
1.Harry was an assistant clerk, checking the accounting books, at a local hospital. The director of operations hired Harry to help the hospital’s accountant reconcile the accounting statements. Harry was also an aspiring drug dealer, who wanted to start making PCP. In the hospital’s inventory it had all the raw material components, and basic ingredients he needed to make PCP. The problem was that he did not want to break into a cabinet and get caught for a burglary because the ingredients or components were in pill or powder form locked up in a safe or cabinet. The precursors and isomers to the basic ingredients he needed were widely available in the open because their harmful effects were very minimal. All the medication, chemicals, whether they be isomers, precursor, or complete elemental forms for consumer, were in packages or containers with labels designating the hospital, contain, and the dosage. After work, Harry took several isomer and precursor and placed them in a bag. He figured the act was harmless because each isomer or precursor by itself had no relation to PCP and must be mixed in several steps to achieve its creation. He took the open display of isomers and precursors, placed them in his car in a duffle bag. Harry was stopped on the road for not having a break light. The officer during his inquiry looked in the window and saw a bag filled with several bottles and vials with labels. After the officer checked the pharmaceutical labels, and confirmed the relevance of each component, Harry was arrested.
- Mistake of Law – Pharmaceutical 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- Frolic
If you are charged with a violation of Health and Safety Code 11383 HSC, call The Esfandi Law Group, APLC. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group, APLC.
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