Possession for Sale of Methamphetamine in Los Angeles

Possessing methamphetamine with the intent to sell it is a serious offense under California Health and Safety Code § 11378. Unlike simple possession for personal use, this charge involves allegations of distributing or selling methamphetamine, which carries harsher penalties and long-term consequences.

If you or someone you know has been accused of violating § 11378 HS, it is crucial to act quickly. At The Law Offices of Arash Hashemi, our Los Angeles drug crime lawyer brings over 20 years of experience defending clients against drug-related charges. Call us today at (310) 448-1529 to schedule a free consultation and begin crafting your defense.

What is Health and Safety Code § 11378 HS?

Under § 11378 HS, it is illegal to possess methamphetamine with the intent to sell. This charge does not involve the actual sale of methamphetamine, only the intent to sell. Prosecutors often use circumstantial evidence to prove intent, such as the quantity of drugs, packaging materials, or other related items like scales and large sums of cash.

It’s important to note:

  • Intent is Key: Simple possession for personal use falls under § 11377 HS and carries significantly lighter penalties.
  • Methamphetamine-Specific: § 11378 applies only to methamphetamine and certain other drugs classified under Schedule II of the Controlled Substances Act.

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    Penalties for Possession of Methamphetamine for Sale

    Possession of methamphetamine for sale is a felony offense in California. If convicted, you could face:

    • State Prison Sentence: 16 months, 2 years, or 3 years.
    • Fines: Up to $10,000.
    • Probation: Formal probation may be granted in certain cases, depending on the circumstances and prior criminal history.

    Unlike some drug-related offenses, § 11378 HS convictions are not eligible for diversion programs like Proposition 36 or California’s drug courts because the charge involves the intent to sell.

    Factors That Can Enhance Penalties

    Certain aggravating factors can result in increased penalties, including:

    • Quantity of Drugs: Possessing large amounts of methamphetamine may trigger enhanced sentencing or additional charges.
    • Possession of Firearms: Having a firearm in connection with drug possession can lead to separate and additional felony charges.
    • Proximity to Schools or Minors: If methamphetamine is possessed near a school, park, or location frequented by minors, penalties may increase.
    • Repeat Offenders: Prior convictions for drug-related offenses can result in harsher sentences.

    Defenses Against § 11378 HS Charges

    To secure a conviction, the prosecution must prove beyond a reasonable doubt that you knowingly possessed methamphetamine and intended to sell it. A skilled defense attorney can challenge the evidence and build a strong case in your favor. Common defenses include:

    • Lack of Intent to Sell: Demonstrating that the methamphetamine was intended for personal use, not distribution.
    • Insufficient Evidence: Challenging the prosecution’s evidence, such as the absence of packaging materials or scales, which are often used to establish intent to sell.
    • Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights by conducting an unlawful search, the evidence against you may be excluded.
    • Lack of Knowledge: Arguing that you were unaware of the methamphetamine’s presence, such as in cases where drugs were found in a shared space or vehicle.

    Examples of § 11378 HS Violations

    1. Selling from a Residence: Law enforcement receives a tip about a person selling methamphetamine from their home. During a search, they find several baggies of methamphetamine, scales, and cash, leading to charges under § 11378 HS.
    2. Intent to Sell Without Sale: A person is stopped by police while carrying methamphetamine divided into small baggies, commonly associated with drug sales. Even though no sale was made, the packaging and quantity can be used as evidence of intent to sell.
    3. Traffic Stop Discovery: A driver stopped for a traffic violation is found with methamphetamine, cash,

    and a ledger containing names and amounts owed. These items are used to charge the driver under § 11378 HS for possession of methamphetamine with the intent to sell.

    Related Offenses Under California Law

    Possession of methamphetamine for sale often overlaps with other drug-related offenses, including:

    • Simple Possession of Methamphetamine (§ 11377 HS): Possessing methamphetamine for personal use, a less severe offense.
    • Transportation or Distribution of Methamphetamine (§ 11379 HS): Moving methamphetamine with the intent to sell.
    • Drug Trafficking: Federal or state charges for large-scale drug distribution networks.
    • Maintaining a Drug House (§ 11366 HS): Operating a residence or business where methamphetamine is sold or used.

    Contact a Los Angeles Drug Crime Lawyer

    If you are facing charges under Health and Safety Code § 11378 HS, time is of the essence. The prosecution will aggressively pursue a conviction, but you don’t have to face these charges alone. Los Angeles criminal defense attorney Arash Hashemi has the experience, knowledge, and dedication to protect your rights and fight for the best possible outcome.

    Schedule Your Consultation Today

    Don’t let a drug charge define your future. Schedule your free consultation and take the first step toward building a strong defense

    Arash Hashemi, a skilled Los Angeles criminal defense attorney, providing expert legal representation for clients in California.