Legal Question in Criminal Law in California

That is a legal argument you can make as part of your defense. It would certainly not be the only drug charge against you, so even winning that argument would still leave you facing charges.

When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

I agree with Mr. Nelson. Please note also that the charges against you are not necessarily limited to the moment when your lab was discovered. If the prosecutor has evidence that you were running it while the school was in use, then you can be convicted even though it had closed by the time the police found out about it.