Possession of Methamphetamine – CA Health & Safety Code § 11377(a)
Possession of methamphetamine is a serious offense under California Health and Safety Code 11377, with law enforcement aggressively pursuing charges against individuals found with this highly addictive drug. Commonly referred to as “meth” or “crystal meth,” the substance is often found as a white or off-white powder but may also appear in shades of yellow, orange, or pink, in pill form, or as “crystal meth,” which resembles shards of glass or ice.
Whether methamphetamine is found on your person, in your vehicle, or during a search of your home or business, a possession charge can result in significant legal consequences. Depending on the circumstances, these charges can be filed as misdemeanors or felonies, carrying lasting impacts on your life and future.
At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients in Los Angeles against drug-related charges, including methamphetamine possession. Attorney Arash Hashemi provides skilled, personalized legal representation, working to protect your rights and minimize the impact of these charges on your future. If you or someone you love has been charged with methamphetamine possession, contact our office today at (310) 448-1529 for a free consultation.
Understanding California’s Meth Possession Laws
Under HS 11377(a), it is illegal to possess methamphetamine without a valid prescription. Methamphetamine, classified as a Schedule II controlled substance, is recognized for its high potential for abuse and dependency. While its pharmaceutical form, Desoxyn, is occasionally prescribed for conditions like ADHD or severe obesity, its medical use is rare due to the availability of safer alternatives and the stigma surrounding the drug.
Possessing methamphetamine in any form—whether as a bag of crystal meth or prescription Desoxyn pills without proper authorization—violates California law. The penalties you face will depend on the quantity of methamphetamine found and whether there is evidence suggesting intent to sell. These factors determine whether the charge will be filed as a misdemeanor or a felony.
Key Elements of Meth Possession Charges in Los Angeles
Under California Health and Safety Code 11377, possession of methamphetamine is a criminal offense that occurs when an individual:
- Knowingly possesses methamphetamine – This means you are aware that you have the substance on your person or within your control.
- Is aware the substance is methamphetamine – You must know that the substance in your possession is a controlled substance.
- Possesses a usable amount – The methamphetamine must be in a quantity sufficient to be used as a drug. Trace amounts or residue are not enough to sustain a charge.
Is Meth Possession a Felony or Misdemeanor in California?
In most cases, possession of methamphetamine for personal use is charged as a misdemeanor, punishable by up to 1 year in county jail and/or a fine. However, specific circumstances can lead to more severe consequences:
- Felony Charges: If you have certain prior convictions (e.g., serious or violent felonies) or are found in possession of larger quantities that suggest intent to sell, the charge may be elevated to a felony.
- Diversion Programs: Eligible defendants may qualify for drug diversion programs under Proposition 36 or Penal Code § 1000, allowing them to receive treatment instead of jail time.
What are California’s Penalties for Possession of Methamphetamine?
Misdemeanor Possession
Felony Possession
Diversion Options for First-Time Offenders
Eligible individuals may qualify for alternative sentencing through diversion programs, such as Proposition 36 or Drug Court, which focus on rehabilitation rather than incarceration. These programs can help reduce or dismiss the charges upon successful completion.
Legal Defense Strategies for Meth Possession Cases
One common defense is lack of knowledge, where the prosecution must prove you knowingly possessed methamphetamine. If you were unaware of the substance’s presence or its illegal nature, this could serve as a strong defense. Similarly, lack of possession applies if the drugs were found in a shared space, like a car or home, and were not under your control or ownership.
Another effective defense is if the amount was not usable. Mere residue or trace quantities of methamphetamine do not meet the legal threshold for possession. Additionally, lack of knowledge of the drug’s presence may apply if someone else placed methamphetamine in your belongings, home, or vehicle without your awareness. The prosecution must also prove that you knew the substance was methamphetamine or an illegal drug, making lack of knowledge of the substance’s nature a potential defense.
Unlawful search and seizure is another critical defense. If law enforcement violated your Fourth Amendment rights by conducting an illegal search, such as without probable cause or a valid warrant, the evidence obtained may be inadmissible in court. Additionally, in cases involving undercover operations, entrapment may apply if law enforcement induced or coerced you into possessing methamphetamine in a way you otherwise would not have.
For first-time offenders, diversion programs under Penal Code 1000 or Proposition 36 may offer an alternative resolution. Successful completion of a drug treatment program could result in charges being dismissed. In rare cases, medical necessity may also be argued, though this defense depends on highly specific facts and circumstances.
An experienced methamphetamine defense attorney will evaluate the unique details of your case and identify the strongest defenses to protect your rights and future.
Other Drug Offenses Commonly Linked to Meth Possession
Possession of methamphetamine charges under Health and Safety Code 11377 frequently intersect with other drug-related offenses, depending on the specifics of the case. For example, if the amount of methamphetamine found indicates an intent to distribute—such as when large quantities, packaging materials, or scales are discovered—you may face charges for possession for sale under HSC § 11378. This charge is far more serious than simple possession and is almost always prosecuted as a felony.
Similarly, transportation or sale of methamphetamine under HSC 11379 applies if you are accused of selling, distributing, or even driving with methamphetamine while intending to distribute it. Such charges often result in more severe penalties, including longer prison sentences, especially when the transportation involves crossing county lines.
In addition, being under the influence of a controlled substance, such as methamphetamine, can lead to separate charges under HSC 11550. This offense is typically classified as a misdemeanor but may require participation in a court-mandated drug treatment program as part of the sentence. These overlapping charges highlight the complexity of methamphetamine-related cases, underscoring the importance of skilled legal representation to navigate the potential consequences effectively.
How Our Experienced Drug Crime Defense Lawyer Can Help
Thorough Investigation of Your Case
We meticulously examine the circumstances of your arrest, including how the methamphetamine was discovered and whether law enforcement followed proper procedures. If your Fourth Amendment rights were violated—such as through an unlawful search or seizure—we will fight to suppress any evidence obtained illegally.
Challenging the Prosecution’s Case
Our team identifies weaknesses in the prosecution’s evidence, such as:
- Whether the substance was confirmed as methamphetamine.
- If the amount in your possession meets the “usable quantity” requirement.
- Whether you knowingly possessed the methamphetamine or were simply in proximity to it.
By exposing flaws in the case against you, we aim to reduce or dismiss the charges.
Exploring Alternative Sentencing Options
For eligible clients, we advocate for diversion programs, such as those under Penal Code 1000 or Proposition 36, which can help you avoid a conviction and receive treatment instead of jail time. If alternative sentencing is possible, we work to secure the best outcome for your future.
Aggressive Courtroom Representation
When a trial is necessary, our attorney will provide a robust defense, challenging the evidence and cross-examining witnesses to weaken the prosecution’s case. We are skilled negotiators but prepared to fight aggressively in court to protect your rights and your freedom.
Contact a Los Angeles Meth Possession Defense Attorney Today
Facing charges for possession of methamphetamine in Los Angeles under HS 11377(a) can have serious consequences, including jail time, fines, and a criminal record. Such charges can affect your employment opportunities, housing prospects, and reputation. However, with a skilled and experienced drug possession defense lawyer, you can fight to protect your rights and work toward the best possible outcome.
At The Law Offices of Arash Hashemi, we bring over 20 years of experience defending clients charged with drug-related offenses. Attorney Arash Hashemi will thoroughly review the circumstances of your arrest, identify any violations of your rights, and expose weaknesses in the prosecution’s evidence. Whether it’s through pursuing dismissal, negotiating reduced charges, or providing aggressive representation in court, our team is committed to protecting your future and helping you navigate this challenging time.
Schedule Your Consultation Today
- 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 options available, including weekend appointments.
