Drug crimes attract a lot of attention, and California strictly regulates the possession of controlled substances. Even mere illegal possession of methamphetamine attracts severe penalties like huge fines and incarceration that could be life-altering. Retaining experienced legal assistance can help you fight the charges and obtain the most favorable case outcome. In this article, you will learn the basics of methamphetamine, potential penalties, related offenses, and how to beat criminal charges.

What is Methamphetamine?

Methamphetamine is a highly addictive and powerful stimulant that impacts the user’s central nervous system. It is a bitter-tasting, odorless, white crystalline powder that can dissolve in alcohol or water. The drug can be injected, orally ingested, snorted, or smoked; the preferred mode of use varies by geographical area and has changed over time.

Methamphetamine was developed from amphetamine and was initially used as bronchial and nasal decongestant inhalers. The drug can increase talkativeness and activity and reduce appetite and a pleasurable sense of well-being. If misused, methamphetamine is a potent stimulant with an enduring and more hazardous impact on the central nervous system. It can also cause memory loss, violent conduct, mood disturbances, weight loss, brain function, and structure changes, changes in motor skills, and severe dental challenges.

The United States Drug Enforcement Administration classifies methamphetamine as a Schedule II stimulant, making it lawfully available only via nonfillable prescriptions. A controlled substance is a chemical or drug that the U.S. Controlled Substances Act regulates its possession, use, and manufacture. Medically, it is used in the treatment of attention deficit hyperactivity disorder (ADHD) and as a component of weight-loss treatment. Please note that these uses are limited, and medical practitioners rarely prescribe the stimulant.

California’s Meth Possession Law

For the court to sentence you for the possession of meth per Health and Safety Code Section 11377, the prosecution should prove the facts of the crime below:

  • You had methamphetamine
  • You were aware you had methamphetamine in your possession
  • You were aware what you possessed was a controlled substance (It does not matter whether you knew it was explicitly meth)
  • The amount of the narcotic you had was enough to be used as a narcotic (It was not just residue or traces).

Defining Possession

The legal definition of possession is broader than you think. It is classified as joint, constructive, and actual.

You have actual possession when you have direct and immediate control of something. Examples include holding something, having something in your clothing, or carrying something in a purse or bag. While actual possession mainly happens when law enforcers catch you red-handed, it can be proved by circumstantial evidence. Therefore, even if you throw away, flush, or swallow the item to avoid arrest, the prosecution can verify that you possessed it.

You have constructive possession of methamphetamine when you have control over it or the entitlement to act so. You can exercise control directly (for instance, if the drug is in your motor vehicle or home) or indirectly via other individuals (your agents).

Please note that an agreement to buy methamphetamine does not give you control over it.

When at least two people simultaneously possess something, it is called joint possession. It can happen when you and another person(s) share either constructive or actual possession.

You Had Knowledge

For the judge to convict you of Health and Safety Code Section 11377, the prosecution team should establish:

  • You knew of the presence of the drug
  • You knew the drug was a controlled substance

That means you are not in breach of HS 11377 if you were unaware you had meth or the substance you had was a controlled substance.

Nevertheless, you are not required to be aware of the drug’s name or its exact chemical composition for the court to convict you of possessing methamphetamine. General knowledge of what you had was a controlled drug is enough to secure a conviction.

The Usable Quantity

A defendant is not considered to have violated HS 11377 unless they have enough methamphetamine to:

  • Snort
  • Smoke
  • Swallow

You are also not required to have enough methamphetamine to be high. It implies that you could be sentenced for an HS 11377 violation for having more than traces or residue.

How Possession of Methamphetamine for Sale Differs from Simple Possession

The Health and Safety Code 11377 HS applies to the possession of methamphetamine for individual use, also called simple possession. The crime carries less severe penalties than the possession of meth for sale (violation of HS 11378).

The variations between Health and Safety Code sections 11378 and HS 11377 include the following:

  • Your personal statements — If anyone heard your intention of selling the methamphetamine, the prosecution team could use the statement to prove you broke Health and Safety 11378.
  • The packaging of the meth — Several baggies, bindles, or cans indicate the intention to sell the meth. A single bindle, baggie, or bottle might prove the methamphetamine was for personal use, hence a violation of HS 11377.
  • The amount of meth you had in your possession — The less methamphetamine you had in your possession, the easier your attorney can persuade the California jury or judge that it was for your use and that you violated the simple possession law.
  • The existence of drug apparatus — If law enforcement agents also discover drug materials like needles, pipes, or snorting straws, it could be proof that the methamphetamine was for individual use.

Other Drug Offenses Covered by HS 11377

The Health and Safety Code 11377 prohibits the possession of meth and also different stimulants, anabolics, steroids, and other street party drugs like:

  • Ecstasy
  • Gamma-hydroxybutyrate (GHB)
  • Ketamine
  • Phencyclidine (PCP)

Penalties For Methamphetamine Possession

Possessing methamphetamine is a California misdemeanor. The crime is punishable by:

  • A one-year county jail sentence
  • A fine not exceeding $1,000

Please note that you could spend up to three years in county jail if you were previously convicted of any of the following:

  • A serious felony like murder
  • A sex offense that requires you to register as a sex offender

If you are convicted of possessing more than one kilogram of meth, the court can enhance your sentence by up to fifteen years. It does not matter whether you intended to sell it or not.

Collateral Consequences of a Conviction

Collateral consequences are not part of your sentence or judgment in your criminal case. Instead, they happen outside the California criminal judicial process. Some repercussions apply even after the accused person is acquitted, criminal charges dismissed, or even based on an arrest alone, regardless of whether the prosecution filed the charges.

Please note that these consequences are far-reaching and can interfere with your life long after you have completed your sentence. They include the following:

  • Employment —  Most companies and employers conduct background checks before employing a job applicant and will discriminate against an individual with a criminal record.
  • Professional licenses — The drug criminal charges can be an issue with your state licensing authority when acquiring or renewing your professional license. Professional licensing rules require you to report the charges, which could result in suspension or revocation of your license. Affected experts can include teachers, doctors, lawyers, real estate brokers, pharmacists, and nurses.
  • Student loans and financial aid — Your conviction can disqualify you from receiving education grants and student loans.
  • Challenges in acquiring affordable housing

Methamphetamine Possession Legal Defenses

Some effective meth possession defenses you and your attorney can use include the following:

You Were Not in Possession of Methamphetamine

The district attorney ought to dismiss your drug charges if you can prove that you did not intentionally possess the drugs and that they belonged to another individual. For instance, you can demonstrate that someone else placed the methamphetamine on you without your knowledge.

The law requires the prosecution to prove that you were aware of the methamphetamine and that you had control over it.

The Defendant Possessed a Legal Prescription

You cannot be convicted of any crime if you had a lawful prescription and your meth possession was only for an amount that is consistent with your doctor’s prescription. Your attorney could present your medical documents and employ forensic experts to weigh the methamphetamine found by law enforcement.

Lawful Delivery of Methamphetamine or Disposal

The Health and Safety Code Section 11377 HS states that a person is not guilty of meth possession if the following case facts apply:

  • Another person had a valid prescription for the meth
  • Your motive was to deliver the crystal methamphetamine to the prescription holder or to legally throw it away on their behalf
  • Your possession of meth was with the authorization of a valid prescription holder
  • You did not use, sell, or supply the methamphetamine

Illegal Searches and Seizures

For law enforcement to execute a legal search, they must have a valid warrant showing probable cause. Please note that a warrantless search can be lawful if the following applies:

  • The proof was in law enforcement officers’ plain view
  • You were in an automobile
  • The search stemmed from an arrest
  • There were difficult circumstances

Your lawyer can argue that the police search violated your legal entitlements. If the California judge is convinced, they could dismiss all the illegally discovered evidence, leaving the prosecution with a weak case to prosecute you further.

Related Offenses

Many crimes are related to the violation of HS 11377. They include the following:

Possessing Controlled Substances

HS 11350 makes it illegal to have control over a controlled substance, and you do not have a valid prescription.

Simple possession is a misdemeanor punishable by a year in county jail and a fine of one thousand dollars. Please note that the crime prosecutor can file the charges as a felony if you have a previous serious felony or sex crime conviction. A felony attracts three years of incarceration. 

Possessing Methamphetamine for Sale

Under HS 11378, it is a felony to possess methamphetamine with the intent to sell it. The offense carries a ten-thousand-dollar fine and three years in jail if convicted. You could face enhanced jail time if you engaged a minor in the crime or broke the law on the grounds of a detox center, homeless shelter, or drug treatment facility.

Transporting and Selling Controlled Substances

HS 11352 makes it a felony to transport, furnish, import, or administer controlled substances.

In this context, transporting drugs implies moving or carrying them from point A to Point B, regardless of the distance. However, you are only guilty of this statute if your intent was eventually to sell the drugs.

The crime is punishable by:

  • A $20,000 fine
  • Formal (felony) probation
  • A maximum of five years in jail under the realignment program

Under the Influence of Controlled Substances

HS 11550 makes it an offense to be under the influence of narcotics. Before the judge convicts you, the prosecution must prove that you willingly used the narcotics and that you were willfully under the influence of the drug.

Violating this statute is a misdemeanor, and you risk spending a year in jail.

A conviction might have adverse immigration repercussions, and you could be marked inadmissible or deported as an immigrant.

Drug Diversion Programs

If convicted of a crime that requires incarceration, you will serve time in prison or jail. However, non-violent drug crimes are exempted from this general rule. Thanks to drug diversion programs, specific drug-related crime defendants can enter treatment programs instead of going to jail. These programs include:

  • Drug court
  • PC 1000 drug diversion
  • Prop 36

Any eligible defendant who enters any drug diversion program and completes it has their conviction set aside and their criminal charges dismissed. On the contrary, if you enter the program but fail to complete it, you could be sent to jail to serve the time imposed on you from your conviction.

PC 1000

To qualify for PC 1000, you must meet the following requirements:

  • You do not have any non-PC 1000 eligible drug-related conviction in the last five years
  • Your alleged crime does not involve violence
  • There is no proof of another, more severe drug offense
  • You have not been convicted of any felony within the last five years

If the prosecution determines that you have met the criteria, they will alert the court, which will order the drug diversion program during your arraignment. You should waive your legal right to a jury trial before the judge places you on diversion for 18 months. During this duration, you should engage in substance abuse counseling and submit to random drug tests.

If you fail to complete this program, you lose eligibility for this program, and you will face penalties for your crime.

Prop 36

The eligibility requirements for Proposition 36 are stricter than those of PC 1000. These conditions include the following:

  • The criminal charge is not non-violent
  • You have not faced any serious or violent felony conviction within the last five years
  • You did not have a deadly weapon during your crime commission
  • You have not refused substance abuse treatment

Per Prop. 36, you should plead guilty before the judge imposes a sentence that entails a three-year probation. During the probation period, you should engage in substance abuse counseling and submit random drug tests. The severity of the probation requirements varies from one individual to the next. For example, you could be required to enter a residential treatment facility if you have an addiction.

If you violate probation, the court will schedule a hearing to determine whether to revoke your probation. If the judge determines you are a threat to society, they will revoke probation. The court can impose more conditions if it decides not to revoke probation.

Upon completing Prop 36, you will no longer be subject to probation terms. You can also petition the court to set aside your conviction so it will no longer appear on your criminal record.

Drug Court

Drug court is an outpatient substance abuse treatment program you can use to avoid a conviction and serve time. It lasts up to three (3) years.

If you do not have a prior criminal record, you can engage in the program without entering any plea. Before entering the plea, the court will pause prosecution on the HS 11377 charges while you undergo rehabilitation. However, the prosecution can resume once you violate the program’s conditions.

You should plead guilty to enter the program if you have a criminal record. Additionally, the court will place you on probation. The court will dismiss your charges once you complete the program.

One advantage of this program is that you stay out of jail, allowing you to keep your employment and move on with your life.

Find a Skilled Drug Defense Attorney Near Me

An HS 11377 conviction can have severe, life-changing repercussions. On top of the criminal penalties you risk facing, the conviction will stay on your criminal record for life. It could affect your ability to find employment, secure financial aid, and obtain state professional licenses. Consequently, consulting the Los Angeles Criminal Lawyer is essential to navigating California’s criminal judicial system and protecting your legal rights. We can thoroughly investigate and review the allegations against you to know the best defense to aggressively work to mitigate or even eliminate the consequences of a conviction. We can also explain what to expect during the process and represent you in court. To speak to our skilled attorney, please contact us at 310-502-1314.