H&S 109575: Manufacture of Imitation Controlled Substances

Legal Definition: “Any person who knowingly manufactures, distributes, or possesses with intent to distribute, an imitation controlled substance is guilty of a misdemeanor and shall, if convicted, be subject to imprisonment for not more than six months in the county jail or a fine of not more than one thousand dollars ($1,000), or both the imprisonment and fine.”

In order to be found guilty of violatingH&S 109575, the prosecutor must show that you:

1. Manufactured, distributed, or possessed with the intent to distribute,
2. An imitation controlled substance

What does this mean?

Can you get in trouble in California for selling fake drugs? In California yes. One may next wonder what an imitation or fake drug is, as it does seem vague. For this charge to apply, it means that you intended to sell a counterfeit drug to another person. This drug is something that is visibly mistakable for the real thing (such as, a real version of a drug). This charge is broken down further in defining what the substance is either:

1. A product that is manufactured/created to look like and resemble the physical appearance of a controlled substance; and
2. A product that a reasonable person would not be able to tell or distinguish that it takes, instead of real by the appearance.

An imitation controlled substance can also be:

1. A product that is made to look like a real controlled substance, and
2. A product that a reasonable person would believe that, if it is taken, would have the effect of stimulant of the effect of a real drug.

Penalties

A violation under HS 109575 is a misdemeanor offense. If convicted under this section as a felony, you could be sentenced to up to 180 days in County Jail. You would have to serve at least 50% of that time in custody. You could also be subject to a fine of up to $1,000.

This is not a strike offense under the California Three Strikes law, and it is not a Sex Offense under PC 290. You could also face a loss of your Professional License if convicted, and if you are not a legal resident, you could face Deportation in Immigration Court if you have more than one prior criminal conviction.

Common Defenses

1. Statute of Limitations
2. Violation of Rights
3. Insufficient Evidence
4. False Accusations
5. Coerced Confession

A person who confesses to a crime forced out of them by police conduct would be inadmissible to be used against them in Court. This makes logical sense, if the police force a confession out of a person illegally, it should not be able to be brought into Court to be used against them. Generally, this can happen during police interrogations where police, believing they have their person, do whatever it takes you to make you confess. They can do this through physical abuse or psychological abuse. Police can lie to you. They can claim there are witnesses that saw you at the scene, that another person has blamed you as the one responsible, whatever it takes to get you to confess. These are generally considered normal police conduct, but there are limits to what they can and cannot do. When they go too far, bully you into claiming the fake drugs were created by you to make a quick buck, they end up with a coerced confession. If police coerced you into confessing to committing this crime, your attorney can argue that it should be suppressed, which likely would lead to a dismissal of your case.

If the prosecution is able to show that the drugs are not created or manufactured, then you would not be found guilty of this crime. Failing to show that the item was created in order to “Trick” another, would mean there is insufficient evidence to prove you guilty of this charge. For example, if you have Oregano in a bag, that likely is not an imitation drug created to look like marijuana, so in this case, you would not be guilty of the crime, since there is insufficient evidence of your guilt.

Call Today

The repercussions of a criminal conviction, especially one involving drug offenses under HS 109575, can be profoundly life-altering. Not only could you face the immediate consequences of losing your job and your freedom, but your future prospects could also be significantly hampered. Given that offenses under HS 109575 can involve actual or counterfeit drugs, the stakes are even higher, with potential outcomes including deportation or the revocation of professional licenses.

At Inland Empire Criminal Defense, based in Ontario, our seasoned attorney specializes in the defense of drug-related crimes, including the complexities of HS 109575 charges. With a track record of successfully defending thousands of clients across the Inland Empire, we bring unparalleled expertise and a committed defense strategy to protect your rights and your future.

Why Trust Inland Empire Criminal Defense for Your HS 109575 Case?

• Proven Success in Drug Crime Defense: Our extensive experience in successfully navigating drug-related charges, including those under HS 109575, positions us as your ideal legal advocate in these complex cases.
• Comprehensive Legal Knowledge: Specializing in the defense of drug offenses, our Ontario attorney is well-versed in the nuances of both actual and counterfeit drug laws, ensuring a thorough and effective defense.
• Dedicated to Your Rights and Future: We understand the severe implications of a drug crime conviction and are dedicated to fighting for the best possible outcome, focusing on protecting your job, freedom, and future prospects.

Begin Your Defense with Inland Empire Criminal Defense

Facing charges under HS 109575 demands immediate and strategic legal action. Located in Ontario and serving clients throughout the Rancho Cucamonga area, Inland Empire Criminal Defense is prepared to offer the experienced and specialized legal representation necessary to challenge these allegations.

Contact Inland Empire Criminal Defense Today

Don’t let a charge under HS 109575 dictate the course of your life. Reach out to Inland Empire Criminal Defense at 909-939-7126 for a free consultation. Our dedicated team, based in Ontario, is here to offer the support, guidance, and expert defense necessary to navigate this critical period, fighting vigorously to protect your rights and secure your future.