Methamphetamine, or meth, is very addictive, and it has numerous dangers to the users and society. Due to these risks, the law enforcement agencies closely monitor activities associated with meth. According to California Health and Safety Code 11379.6, operating a meth lab is illegal. This law targets the manufacturing of controlled substances like meth to protect public safety.

Meth labs are hazardous because the substances involved in the making of meth are deadly. They can cause explosions, fires, and long-term detrimental environmental impacts. The strict enforcement of these regulations helps prevent the dangers associated with meth production and the violent crimes often linked to it. If you are involved in operating a meth lab, you will be liable to harsh penalties, which include imprisonment and fines.

So, what is operating a meth lab under California laws? The information below will help to answer the question.

What Does It Mean to Operate a Meth Lab?

According to Health and Safety Code Section 11379. 6, when you are accused of operating a meth lab, the implication is that you are involved in the manufacturing, producing, processing, or preparing of methamphetamine. The law applies if you:

  • Make meth
  • Assist in any manner, including providing the manufacturing ingredients, tools, or location.

Under the law, you are legally liable for manufacturing methamphetamine if you take part in any of the processes involved in making meth, even if you do not have the end product at the time of your arrest. The law covers all stages of meth production, so your involvement in any step can result in legal consequences.

However, simply preparing to manufacture meth is insufficient for a conviction. You must actively participate in the production process itself. You have to be involved in the creation process in its broadest sense of the word. Certain activities are limited to the preparatory stage and do not rise to the actual manufacturing of methamphetamines. Therefore, they do not satisfy the legal requirements for operating a meth lab under Health and Safety Code Section 11379.6.

In a Health and Safety Code Section 11379.6 case, prosecutors must prove the following:

  • You operated a meth lab — They have to prove that you were involved in the operation of the place where methamphetamine production was conducted. This includes proving that you were involved in the manufacturing, distribution, or preparation of meth.
  • You knew or should have known that your actions were illegal — The prosecutors have to prove that you knew or should have known about the illegality of the activities at the place. They could use eyewitness testimony and communication with people arrested for engaging in illegal meth-related activities. In other situations, they could use the reasonable test. They could assert that any reasonable person would have seen the unusual activities or smelled the chemicals and reasonably conclude that there were suspicious activities that, at the very least, were drug-related.
  • Intent or knowledge — Prosecutors have to demonstrate that you had intended to have the property be used to produce meth or that you had knowledge that it was being used for that purpose. This means proving that you participated in meth manufacturing activities or that you had substantial knowledge of the process. One way would be to prove that you owned or managed the property and that you frequently visited the premises when the meth was being manufactured or distributed from the location.

Meth labs are typically set up in concealed areas so that they cannot be easily found. Because of this, prosecutors often charge you with operating a drug house under Health and Safety Code Section 11366. This charge will apply if you have a property exclusively used for manufacturing, distributing, or storing prohibited substances.

If authorities discover that you use a place to manufacture meth, they can arrest you for operating a drug house.

Under Health and Safety Code Section 11366, you commit a crime if you:

  • Open or maintain a property — You create or maintain a place for unlawful business.
  • Intend to sell, distribute, or allow drug use — You operate a drug house with the intent to sell it, distribute it, or allow others to use methamphetamine or other controlled substances more than once or continuously.

Locations that could qualify as meth labs include the following:

  • Residential properties — These are places where people set up equipment and chemicals for making methamphetamine in homes or apartments, in bedrooms, basements, or garages.
  • Commercial buildings — These could include buildings including warehouses, offices, and/or any other business premises used to process meth. These locations offer more space and facilities for the large-scale operation.
  • Abandoned buildings — These include buildings that are unoccupied or abandoned and converted to meth manufacturing. Most offenders prefer these locations because they are often remote and unmonitored.
  • Temporary locations — These include motels, rentals, or any other temporary accommodation that could be used by people intending to set up meth labs to avoid detection.
  • Hidden facilities — Rooms built to be concealed and others located below the ground level to avoid detection by the police are some examples of hidden facilities.

Penalties for Operating a Meth Lab

Operating a meth lab is a felony violation whose conviction attracts the following penalties:

  • An imprisonment term of 3, 5, or 7 years
  • You could be fined up to $50,000

Enhanced Penalties for Operating a Meth Lab

Some circumstances will enhance your penalties. These aggravating factors include the following:

  • Presence of minors — If you manufacture methamphetamine where a minor under 16 years old lives, you are likely to receive severe penalties.
  • Proximity to residential areas — Operating a meth lab near occupied homes or structures is much riskier than operating one near unoccupied structures. The distance under consideration is 200 feet from the school to a residential area. If you are within this distance, you will face harsher penalties.

Note: If you are convicted of operating a meth lab, you will lose your Second Amendment rights. Operating a meth lab is a felony. Felony convictions automatically disqualify you from possessing, owning, or purchasing firearms for life. Should you subsequently be found in possession of one, you will face gun violation charges.

Offering to Manufacture Methamphetamine

Prosecutors could also add the following crimes to your charge sheet. These are also considered grave crimes:

  • Intent to sell or
  • Intent to supply methamphetamine.

If found guilty of the two, you risk facing a term of 3, 4, or 5 years in prison.

How to Fight Meth Lab Charges

You can defend yourself against operating meth lab charges with the help of an attorney. The attorney will review the facts of your case to determine the best defense strategy that could lead to the best possible outcome. The following are some of the defenses your attorney can use in your case:

  1. You Were Merely Involved in Preparation

You can challenge the allegations by asserting that your actions were preparatory. This defense aims to establish that at the time of the crime, you were not involved in the actual process of making methamphetamines, but you were involved at an earlier stage, which does not meet the threshold of operating a meth lab.

When you state that you only took preparatory steps, you will be asserting that you did not undertake any considerable actions toward manufacturing methamphetamine.

There is a need to draw a line between preparation and participation in the commission of the crime to strengthen this defense. You should be ready to present witnesses, video footage, or any other evidence showing that you were not deeply involved in the process of manufacture.

  1. You Were Falsely Accused

False allegations are far more common than most people could imagine, and it is possible that you fell victim to an accusation in a situation that led to charges of a crime you did not commit. You could have been accused of operating a math lab when, in fact, you were not.

As with the other defense strategies, you have to challenge the credibility of the prosecution’s witnesses and evidence and point out the contradictions of their testimonies to use this defense. If the evidence against you is circumstantial, your attorney can argue that it does not tie you to the crime. If there are witnesses, your attorney can challenge their reliability or argue that they could be wrong or their testimony is faulty. This is why it is crucial to show that you had no idea that a meth lab was being run out of the premises.

This defense strategy requires you to compile evidence that is in your favor. If you have an alibi, then ensure that you present receipts, phone records, or witnesses who will testify that you were not present at the said meth lab during the commission of the crime. Recorded footage or other evidence that puts you somewhere else can also be powerful. Furthermore, proving that someone else can be liable or you were framed will go a long way in your defense.

  1. You Are a Victim of an Illegal Search and Seizure

In operating a meth lab case, there are various ways you can contest the evidence. One of them is to argue that search and seizure were unlawful. Police officers must adhere to specific legal requirements during searches and arrests of offenders and confiscating their property. The court may exclude any evidence they gather if they fail to follow these rules.

One of the ways you can challenge the case is by proving that the search and seizure conducted were unlawful. You need to show that law enforcement entered the alleged meth lab in one of the following ways:

  • Without a valid search warrant — Your attorney will state that the police searched your premises without a warrant from a judge or magistrate and, therefore, it was unlawful.
  • A search and seizure without probable cause — If this is your circumstance, your attorney will show that the police had no reasonable suspicion that evidence of methamphetamine manufacturing was at the place.
  • Using a warrant based on unreliable information — It is possible police officers obtained a warrant based on information provided by an unreliable informant. This is grounds to challenge the evidence.
  • Exceeding the scope of the warrant — In this situation, you must prove that the police went beyond the warrant by searching some areas or seizing some items that were not covered.

If you can prove that the search and seizure were done illegally, you are in a position to request that the evidence be thrown out of the case. This can go a long way in seriously compromising the prosecution’s case and strengthening your side of the story. Your attorney will file a motion to suppress evidence while asserting this defense. This motion is made because the evidence was obtained in violation of the Fourth Amendment through an unlawful search or seizure. Your lawyer must show that the search was illegal. If the court accedes to the argument, it will rule out the disputed evidence.

Find a Criminal Defense Attorney Near Me

To be charged with operating a meth lab, especially in the light of the vicious war on drugs, is a harrowing experience. A conviction's consequences are stiff, as outlined above. You also have to worry about the implications of post-incarceration on your professional and social life. Because of the severity of these charges, it is crucial to put up a good defense with the assistance of an experienced criminal defense lawyer.

An attorney will analyze your case and fight the evidence presented by the prosecution based on the facts of your case. That is why having an experienced specialist in this crucial moment is crucial. At Foos Gavin Law Firm, we will fight for your rights, reduce the implications of the charges, and fight to secure the best results in your case. Hiring us increases your chances of fighting the charges and getting a good outcome. Call us today at 916-779-3500 if you or a loved one has been arrested and is set to face prosecution for operating a meth lab in Sacramento.