You will face serious charges if found in possession of meth in California. Also called "ice," "tina," "glass,” or "shard," methamphetamine is a strong stimulant carrying a negative stigma. Consequently, if you have been accused of possessing this drug, you might have difficulty having the police, prosecutor, and judge respect your rights as your case undergoes the criminal process. And if you are eventually convicted of meth possession, your permanent criminal record may prevent you from securing employment, owning a firearm, or being eligible for financial aid for school.

With your freedom and future on the line, you should maximize your chances of winning your case by retaining an attorney to represent you if facing meth possession charges. An experienced drug crimes attorney fighting for you may be capable of mitigating the penalties for methamphetamine possession charges. At California Criminal Lawyer Group, we use years of experience, skills, and expertise to help clients charged with meth possession or any other drug crime in Santa Ana. We will thoroughly evaluate your case before determining the best strategy to apply in fighting for the best possible outcome. Contact us for a consultation to learn more about how we can help you.

Possession Of Methamphetamine Overview

According to HSC 11350, possessing controlled substances like opiates, heroin, cocaine, and particular prescription medications is prohibited. Controlled substances are drugs or chemicals whose possession, use, and manufacture are controlled under the U.S. Controlled Substances Act.

HSC 11350 does not apply to possessing meth, a relatively easy-to-manufacture narcotic whose popularity has recently increased. The crime of meth possession is described under HSC 11377. Per this law, possessing meth without a legitimate prescription is unlawful. However, there are parties exempt from prosecution under HSC 11377, including medical professionals (pharmacists, veterinarians, doctors, et cetera) who possess meth in compliance with the state’s drug laws.

Another name for meth is crystal, speed, crystal meth, tina, rock, blow, chalk, glass, crank, or ice. The drug is a stimulant that speeds up the brain and body. It is available in chunky crystals, powder, or pills and can be injected, smoked, snorted, swallowed, or huffed (inhaled as toxic gas).

Methamphetamine was mostly utilized in the 1950s to keep college students, athletes, and truckers awake and attentive. Nowadays, it is deemed harmful and is generally only prescribed to treat conditions such as attention deficit hyperactivity disorder (ADHD) and obesity. But even though it can treat the mentioned conditions, doctors still rarely prescribe it because safer, more effective medications are now available.

Methamphetamine is often abused, sold, or made illegally. Most of the meth involved in meth charges in California is currently imported from Mexico. However, the state still has several meth labs (mom and pop or clandestine labs). These labs are often makeshift, and people operate them from their homes, mobile homes, warehouses, or garages.

Methamphetamine is easily accessible and relatively cheap. Therefore, it is more attractive to everybody, from minors wanting to experiment with the substance to addicts. Consequently, prosecutors in California prosecute the meth possession crime aggressively.

Apart from methamphetamine, HSC 11377 also criminalizes the possession of ketamine, GHB, and other anabolic steroids.

How a Prosecutor Proves Meth Possession?

For the judge to find you guilty of possessing meth, the prosecution must demonstrate various factors beyond a reasonable doubt. These factors are called elements of the crime, and they are:

  • You possessed meth
  • You were conscious that the substance you had was meth and knew it was a regulated substance.
  • You had a usable amount of the substance. That is, more than mere residue or traces of meth.

California law recognizes three forms of possession: actual, constructive, and joint possession. Actual possession means the item is on you. For example, in your hand is clothing you are putting on, like your trousers' pockets, or an object you are carrying, like your backpack or handbag.

Constructive possession means you have control of the item's location (be it through someone else or directly) and the right to access it; for example, if it is in your garage or your car’s glove box. Joint possession means you share constructive or actual possession with another person or people.

Possessing meth, whether jointly, constructively, or actually, can result in your facing prosecution under HSC 11377.

To be convicted under HSC 11377, the prosecuting attorney must show that you knew you had the drug and that it was a regulated narcotic. If you did not know you possessed meth or did not know the item you had was a regulated substance, you have not violated HSC 11377.

Consider this example: Brad welcomes his cousin Melvin to live with him for some time. When Melvin leaves, he leaves a bundle of methamphetamine in the closet in the room where he slept. Brad is not guilty of violating HSC 11377 since he was unaware he had meth in his house.

Suppose then that Brad discovered the bundle. Not aware that it contained a regulated substance, he decided to drive to his cousin and give the bundle to him. Brad still has not violated HSC 11377 since he was unaware that the substance he had was meth.

However, you do not need to know a drug's name or its exact chemical combination to be convicted of possessing it. The prosecutor only needs to prove that you generally knew the item you had was a regulated substance.

Unless you admit to law enforcement that you were aware the substance you had was meth, the prosecution will have to prove the element of knowledge through circumstantial evidence. This may include your conduct during the search or arrest. For example, if you attempted to hide or destroy the drug or lied about its nature, it is reasonable for the prosecutor to deduce you were aware it was illegal.

You are not guilty of violating HSC 11377 if the meth you had was not enough to swallow, snort, smoke, et cetera. You do not have to have enough methamphetamine to become high. It only means you must intentionally possess more than simple traces or residue to be convicted of meth possession under HSC 11377.

Simple Possession vs. Possession Intending to Sell

In deciding which meth offenses to accuse a suspect of, the prosecution will look to see whether the drug was for sale or the suspect's own use. 11377 HSC is applicable to meth possession for personal use, also known as "simple possession." The crime is less serious than HSC 11378, Meth Possession with the Intent to Sell.

The distinction between meth possession for one's own use and meth possession with the intent to sell boils down to the following:

  • The presence of paraphernalia— when law enforcement officers discover drug paraphernalia, like a pile, straws for snorting, or needles on a suspect, they can use it to prove that the methamphetamine was for their own use.
  • How the methamphetamine was packaged— numerous baggies or bundles may show the suspect had the meth with the intention to sell. A single bottle, bindle, or baggie would highly likely prove the methamphetamine was for the suspect's own use and a violation of HSC 11377.
  • The amount of methamphetamine the suspect had— the less methamphetamine the suspect possessed, the more easily the judge, jury, or prosecutor will be convinced that the narcotic was for their own use and the suspect is guilty of simple possession and not possession for sale.
  • The suspect's statements— if somebody overheard the suspect saying they intended to sell methamphetamine, the prosecutor could use the suspect's statements to prove they violated 11378 HSC by possessing meth for sale.

But even if the prosecutor charged you with meth possession for sale, a skilled drug crimes lawyer may be capable of negotiating a plea deal, resulting in your facing 11377 HSC possession of meth charges. Simple meth possession charges carry less severe consequences than possessing meth with the intent to sell and qualify the offender for a drug diversion program.

Penalties for Methamphetamine Possession

Under Proposition 47, most narcotic possession offenses that were felony-level crimes are now misdemeanors. The crime of meth possession was deemed a wobbler before the passage of Prop 47, meaning the prosecutor could charge it as a felony or misdemeanor.

After the passage of Prop. 47, meth possession is now a misdemeanor. However, although this drug offense is not a felony anymore, law enforcement agencies aggressively enforce HSC 11377. If convicted of meth possession, you will face a maximum jail sentence of one year and a fine not exceeding 1,000 dollars. Although you will be subject to felony charges if you have any past convictions for the following:

  • A sex offense that resulted in you being required to register as a sex offender
  • Any of the listed serious felony violations, including sexually violent crimes, murder, gross vehicular manslaughter while intoxicated, or sex offenses against a minor below fourteen years

A felony conviction will subject you to three years, two years, or sixteen months in jail under the state’s realignment program.

If convicted of possessing more than 1 kg of meth, you will be subject to a sentence of three to fifteen additional years in prison, whether or not the prosecution can prove you intended to sell the drug.

You may qualify for enrollment in a drug diversion program instead of serving time in jail for meth possession if you are not a violent offender, it is your second or first conviction, and the methamphetamine was only for your use.

Drug diversion is a sentencing alternative that allows drug abusers to undergo drug treatment rather than serve time in jail. There are three drug diversion programs under California law: California drug courts, PC 1000, and Proposition 36.

You will be ineligible for drug diversion if found guilty of possessing methamphetamine with the intent to sell under HSC 11378 or selling methamphetamine under HSC 11379. However, if you agree to plead guilty to simple possession charges under HSC 11377 as part of a plea deal for a violation of HSC 11379 or HSC 11378, you will be eligible for rehab or drug diversion. If you complete your drug diversion program, the judge will dismiss your meth charges.

Defending Against Methamphetamine Possession Charges

Meth is among the most regulated substances. Thus, law enforcement agencies and prosecutors prioritize catching and prosecuting meth dealers and users. The tough approach to the war against drugs usually results in innocent people being convicted. However, an experienced criminal defense attorney may defeat the prosecution’s charges against you.

The first step your attorney should take is to look at whether or not the first law enforcement search that resulted in the finding of the meth was lawful. This is because the prosecution cannot use the evidence acquired from an unlawful arrest or search against you in your trial. Police officers must comply with strict requirements provided by the United States Constitution when entering private property, pulling over and searching motor vehicles, or arresting suspects.

In most cases, police officers eager to bust suspects will inadvertently or purposefully violate suspects’ legal rights. If that is what happened in your case, your attorney can file a motion requesting dismissal of your case, even before it goes to trial. Your lawyer can still apply other defenses if this strategy is not an option. They may successfully:

  • Show the drug you possessed was not meth, or if it was meth, you only had trace amounts.
  • Argue that you were unaware you had meth or that the substance you had was a controlled substance.
  • Demonstrate you had no joint, constructive, or actual possession of the meth.
  • Negotiate a plea deal with the prosecution when you have slim chances of prevailing at trial.
  • Prove you had a legal prescription for the meth and only had a quantity consistent with the prescription’s purpose.
  • If the judge eventually convicts you, advocate for lenient penalties if mitigating circumstances are present in your case.

HSC 11377 also specifically states you are not criminally liable for possessing meth if all this is true:

  • Someone else possessed a prescription for the methamphetamine
  • You had the methamphetamine at the authorization of or direction of that individual
  • Your only aim was to take the methamphetamine to the person possessing the prescription or otherwise dispose of it for them in a legal manner.
  • You did not personally sell, distribute, or use the methamphetamine.

In other words, you can argue that you were only delivering the meth to the person holding the prescription or disposing of the drug for them as a defense against meth possession charges.

Crimes Related to Meth Possession

Various crimes are related to HSC 11377, meth possession. Consequently, the prosecutor can charge you with these crimes alongside or instead of an HSC 11377 violation based on the factors surrounding your case. Commonly related crimes are:

HSC 11378, Meth Possession for Sale

Under HSC 11378, it is a felony offense to possess meth with the intent to sell it. Since no attempted or actual transportation or sale of the meth is necessary, proving an HSC 11378 violation can be challenging. A conviction for meth possession with intent to sell carries a possible jail sentence of three years, two years, or sixteen months and a fine not exceeding ten thousand dollars.

And unlike HSC 11377, should you violate HSC 11378, you will not qualify for drug diversion rather than a jail sentence. However, as mentioned earlier, you may qualify for drug diversion if your attorney negotiates a plea bargain for HSC 11377, simple meth possession.

HSC 11379, Selling or Transporting Methamphetamine

You violate HSC 11379 when you:

  • Transport meth (however short the distance) for sale
  • Sell meth for services, money, or any other valuable thing
  • Administer meth to somebody else
  • Give methamphetamine to somebody else

Violating HSC 11379 is a felony carrying four, three, or two years of jail time and a maximum fine of ten thousand dollars.

If you move meth across two or more county lines, your jail term may increase to nine, six, or three years upon a conviction.

HSC 11350, Drug Possession

HSC 11350, the state's drug possession law, is nearly identical to HSC 11377, the methamphetamine possession law. However, 11350 HSC criminalizes the possession of a wide variety of drugs, including, without limitation, cocaine, cocaine base, peyote, LSD, and prescription drugs like hydrocodone and codeine.

Like meth possession, violating 11350 HSC is usually charged as a misdemeanor. According to Prop. 47, you will face felony charges only if you were previously convicted of a serious felony or a sexually violent crime.

HSC 11352, Drug Sale or Transportation

HSC 11352, the law against selling or transporting regulated substances, resembles HSC 11379, except that it criminalizes the sale or transportation of a wide range of drugs. This crime is more severe than either HSC 11377 meth possession or HSC 11379 transportation/sale of meth. The consequences of violating HSC 11352 would include five, four, or three years in jail or nine, six, or three years in prison if you transported the narcotics across more than two counties. You could also be subject to a fine not exceeding ten thousand dollars.

HSC 11351, Drug Possession for Sale

HSC 11351, the state's law against drug possession intending to sell, is the counterpart of HSC 11378, methamphetamine possession intending to sell. This law applies to heroin, cocaine, prescription drugs, and hallucinogens, among other narcotics. Violating HSC 11351 is charged as a felony. The crime is slightly more severe than an HSC 11378 violation. The consequences for drug possession for sale upon a conviction include four, three, or two years of jail time and a fine not exceeding ten thousand dollars.

HSC 11550, Under the Influence of a Drug

If you are intoxicated with meth (apart from or in addition to possessing meth), the prosecution can try you under HSC 11550. The narcotics addressed under this statute include drugs also covered under HSC 11377, like PCP, GHB, and meth. Violating HSC 11550 is a misdemeanor punishable by 12 months in jail. However, if you qualify, you may be enrolled in a drug diversion program rather than serving time in jail.

VC 23152(f), Driving While Intoxicated With Meth

If you are caught driving while intoxicated with methamphetamine (or another drug), whether you have meth in your possession or not at the time, the prosecution can prosecute you under VC 23152(f) DUID. A first-time conviction of DUID will subject you to a maximum of 12 months in jail, a fine not exceeding $390 minus penalty assessments, at least three months of a drug education program, and a driver’s license suspension for at least six months. It is not uncommon for the accused to face charges under both 23152(f) of the VC DUID and 1377 of the HSC for meth possession.

HSC 11379.6, Drug Manufacturing

Under HSC 11379.6, it is a crime to manufacture, produce, compound, process, or derive a regulated substance. Meth is among the few widely known street drugs obtained from local components and manufactured in underground methamphetamine labs. As a result, most of the prosecutions under HSC 11379.6 are for manufacturing methamphetamine, and HSC 11377, meth possession, is at times charged alongside this crime.

Drug manufacturing is a felony punishable by seven, five, or three years of jail time and a maximum fine of 50,000 dollars.

HSC 11383.5, Possessing Meth Manufacturing Materials

Possessing methamphetamine manufacturing materials is considered a felony offense under HSC 11383.5 and, therefore, a more severe crime than simple possession of meth. You are guilty of this offense if caught with given chemicals or chemical combinations and intend to utilize them for cooking methamphetamine. Possessing meth manufacturing materials is punishable by a jail term of six, four, or three years.

Find a Skilled Drug Santa Ana Crimes Defense Attorney Near Me

It may appear as though you are in a hopeless situation if charged with possession of meth, but we at the California Criminal Lawyer Group can come to your rescue. We will help defend your rights and protect your reputation. Additionally, we will help you navigate the California criminal justice system and do everything we can to obtain the best possible outcome for you.

If you need to know more about the strategies we can use to help you, contact us at 714-844-4151, and we will schedule a free, confidential consultation. We serve clients charged with meth possession or other drug crimes in Santa Ana, CA.