Is Meth Possession a Felony in California? Here’s What You Need to Know

Getting arrested for meth possession in California is a serious situation — and the penalties you face depend heavily on the amount involved and the specific charges filed against you. California, especially Los Angeles County, aggressively prosecutes methamphetamine offenses. Even a relatively small quantity can trigger severe consequences if prosecutors believe you intended to sell, distribute, or manufacture the drug.

While simple possession for personal use is often charged as a misdemeanor under California law, meth cases are treated more harshly than many other drug offenses. Methamphetamine is classified as a Schedule II controlled substance — meaning it is considered highly addictive and dangerous. As a result, law enforcement and prosecutors frequently push for felony charges, particularly when there is evidence like multiple baggies, cash, scales, or communications suggesting drug sales.

At The Law Offices of Arash Hashemi, we provide strategic, experienced defense for individuals facing meth-related charges throughout Los Angeles. Attorney Hashemi offers a free consultation to review your situation, explain your legal options, and help you take immediate steps toward protecting your rights.

📞 Call (310) 448-1529 today to speak directly with a Los Angeles drug crime lawyer.

Is Meth Possession a Felony in California?

Not always.

Under California law, simple possession of methamphetamine (meaning for personal use) is usually charged as a misdemeanor under Health and Safety Code 11377(a) — especially after Proposition 47 passed in 2014. Prop 47 downgraded many low-level drug possession offenses to misdemeanors.

However, meth possession becomes a felony if:

• You have a serious or violent prior felony conviction (such as for murder, rape, sex crimes, certain gun crimes)

• You are a registered sex offender under Penal Code 290

• The amount of meth is large enough to imply possession for sale

• You were caught selling, transporting, or manufacturing methamphetamine

In short: Possessing meth for your own use is usually a misdemeanor — but selling, transporting, or having too much can quickly lead to felony charges.

How Much Meth Will Get You Charged With a Felony?

There is no set weight (like grams or ounces) that automatically triggers a felony meth charge for possession alone. Instead, prosecutors and police look at several factors to decide if they will charge you with possession for sale under Health and Safety Code 11378, including:

• The total quantity of meth found

• Whether the meth was packaged into multiple baggies

• The presence of scales, large amounts of cash, pay/owe sheets, or other “sales tools”

• Text messages or other evidence showing intent to sell

• Statements you made to police about selling

Example:
If you’re caught with just a few grams of meth, you’ll likely be charged with misdemeanor possession.
If you’re caught with multiple baggies, a scale, and $2,000 cash, even if it’s only 10–20 grams, prosecutors may charge you with felony possession for sale.

▶ Important: You can be charged with a felony for methamphetamine possession even if the total weight is not very high — intent to sell is the key.

Felony Charges for Selling, Transporting, or Manufacturing Meth

Other felony meth charges include:

• Health & Safety Code 11379 – Selling or transporting meth

• Health & Safety Code 11379.6 – Manufacturing meth (e.g., operating a meth lab)

These charges are always felonies, regardless of the amount involved. They carry significantly harsher penalties, including long prison sentences and major fines.

Penalties for Felony Meth Charges in California

The penalties for felony methamphetamine charges can vary based on the charge and your criminal record, but generally include:

• Possession for Sale (HS 11378): 16 months, 2 years, or 3 years in county jail

• Selling/Transporting Meth (HS 11379): 2, 3, or 4 years in prison

• Manufacturing Meth (HS 11379.6): 3, 5, or 7 years in prison

• Fines up to $10,000

• Mandatory drug counseling or treatment programs in some cases

• Felony probation or formal probation with strict conditions

• Immigration consequences (deportation risk for non-citizens)

Additionally, a felony meth conviction can lead to:

• Permanent criminal record

• Loss of gun rights

• Difficulty finding employment or housing

• Loss of professional licenses

Can Felony Meth Charges Be Reduced or Dismissed?

Yes — depending on the circumstances, a skilled criminal defense attorney may be able to:

• Challenge the legality of the search or arrest (illegal search = evidence may be thrown out)

• Negotiate a reduction from a felony to a misdemeanor (known as a “wobbler” reduction)

• Secure drug diversion or alternative sentencing (PC 1000 programs, Proposition 36, or Penal Code 1170.9 for veterans)

• Fight the charges at trial if the evidence is weak or improperly obtained

Attorney Hashemi aggressively analyzes every meth case for weaknesses — from probable cause issues to lab errors — and works to get charges reduced, dismissed, or kept off your record whenever possible.

Arrested for Meth Possession or Sales in Los Angeles? Speak with a Criminal Defense Attorney Today

If you’re facing charges for meth possession, possession for sale, or any drug-related offense in Los Angeles, early action can make all the difference. A felony conviction can have a lasting impact on your future — but with the right legal strategy, it’s possible to fight back and protect your freedom.

At The Law Offices of Arash Hashemi, we take a hands-on approach to every case. When you contact our office, Attorney Hashemi will personally sit down with you, carefully review the details of your arrest, and develop a tailored defense strategy based on the facts. Whether that means challenging an illegal search, negotiating for reduced charges, or preparing for trial, we are ready to act quickly and aggressively on your behalf.

Don’t wait until charges are finalized or court dates are set.
Get ahead of the process — and start defending your future today.

Schedule a Free Consultation

📞 Phone: (310) 448-1529
📅 Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
📧 Email: Contact@hashemilaw.com
🏢 Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
⏰ Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling, including weekend appointments.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.