Supreme Court of California

Health and Safety Code section 11383(f), which extends the prohibition on possessing hydriodic acid to include its essential chemicals, is a valid exercise of the Legislature's power to create substantive law and define crimes. The Legislature clearly intended to criminalize the possession of red phosphorus and iodine where they are found in sufficient quantity to manufacture hydriodic acid and are possessed with intent to manufacture methamphetamine.

Appellate Information

• Decided 01/15/2004
• Published 01/15/2004

Judges

• MORENO, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
•  Rebecca P. Jones, under appointment by the Supreme Court, San Diego, for Defendant and Appellant., Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, J. Robert Jibson, Janet E. Neeley and Judy Kaida, Deputy Attorneys General, for Plaintiff and Respondent.