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Name: People v. Hard
Case #: A097349
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 05/27/2003
Subsequent History: None

The enhancement under Health and Safety Code section 11379.8 increases punishment for a manufacture of methamphetamine “with respect to” a substance of a certain volume containing methamphetamine. The court rejected defendant’s contention that the enhancement applied only to a substance produced during the manufacture and did not apply to a substance possessed for later use in the process. Here defendant’s possession of more than three gallons of a solvent containing methamphetamine to be used in the final stage of production to purify crystalized methamphetamine satisfied the statute.