California Health and Safety Code Section 11366.5

Under this statute, it is a misdemeanor to knowingly make available for use any place where controlled substances are being manufactured, stored, or distributed. It is a felony to knowingly make available a place for the sale of cocaine, heroin, amphetamine, methamphetamine, PCP, or LCD, where the space has been fortified to deny law enforcement entry, and the owner of the place has knowledge of the fortifications and is deriving "excessive profits" from making such a space available.

At Glew & Kim, the majority of our cases involve narcotics offenses, and we specialize in the nuances of narcotics laws, including medical marijuana, marijuana DUI, juvenile drug offenses, and federal drug offenses. We focus narcotics defense on obtaining treatment for our clients instead of incarceration.

If you or a loved one are facing charges for making available for use any place where controlled substances are being manufactured, stored, or distributed, don't wait. Contact Glew & Kim for a free consultation regarding your case.

California Health & Safety Code Section 11366.5

"(a) Any person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly rents, leases, or makes available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any controlled substance for sale or distribution shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code. (b) Any person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly allows the building, room, space, or enclosure to be fortified to suppress law enforcement entry in order to further the sale of any amount of cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, heroin, phencyclidine, amphetamine, methamphetamine, or lysergic acid diethylamide and who obtains excessive profits from the use of the building, room, space, or enclosure shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years. (c) Any person who violates subdivision (a) after previously being convicted of a violation of subdivision (a) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years. (d) For the purposes of this section, "excessive profits" means the receipt of consideration of a value substantially higher than fair market value."