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Name: People v. Dillon
Case #: A113310
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 11/08/2007

Involvement of a third party was required for conviction of making a building available for use for manufacture of controlled substance. Appellants used their own property for the cultivation of marijuana. They appealed their conviction for violation of Health and Safety Code section 11366.5, subdivision (a), making a building available for use for manufacture of a controlled substance, contending that there was no violation where the person who controls the property is the only one using it to manufacture a controlled substance. The appellate court agreed and reversed that count. In the absence of evidence that appellants permitted a third party or parties to use their property for cultivation of the marijuana discovered there, their conviction cannot stand. The statute is not ambiguous as to its requirement that the defendant must make the property available to another person to use. The statute was intended to punish those who enable others to manufacture controlled substances by providing the necessities; people who manufacture themselves are subject to punishment under other statutes.