Possessing methamphetamine for sale is a major drug crime in California, according to Health and Safety Code 11378. This law defines the illegal conduct of possessing controlled substances, particularly methamphetamine or meth, with the intent of selling or distributing them.
Being charged under HSC 11378 is more than just a legal stumbling block; it presents a serious threat to the course of the accused's life, potentially resulting in a lengthy stay in prison, affecting your constitutional rights, and leaving a permanent felony record. The consequences of being convicted can affect every aspect of your life, from housing to education and job prospects. Read on to learn more about how possession of meth for sale is charged under HSC 11378.
Key Elements of Possession of Methamphetamine for Sale
Methamphetamine is a Schedule II drug classified as a controlled substance. Health and Safety Code Section 11378 HS criminalizes possession of methamphetamine with the intent to sell. This offense is charged as a straight felony, which cannot be lowered to a lesser offense.
To obtain a conviction for possessing methamphetamine to sell in violation of HSC 11378, the prosecutor must prove certain elements beyond the shadow of a doubt. These variables are described in California Criminal Jury Instructions (CALCRIM) 2302. They include:
- Illegal possession of meth—it is critical to prove that the accused deliberately and illegally possessed the substance
- There was an intention of selling the drug—the prosecutor must prove that the offender had the intention of selling the methamphetamine or of helping someone else sell it
- Knowledge of the drug's presence—the prosecutor must prove that the offender was conscious of the presence of the meth
- You knew about the drug's nature—the defendant must have known that the meth was a controlled drug or had some other knowledge about its nature
- Useable amount—lastly, it's critical to prove that the relevant controlled substance was present in an amount deemed useable
The above elements form the basis for a conviction under HSC 11378 by establishing explicit standards for the prosecutor's case.
Understanding What Possession of Methamphetamine Elements Means Under HSC 11378
Selling in this context means exchanging meth or other illegal substances for money, services, or another valuable item. The term "usable amount" refers to the amount that is adequate for use.
To be convicted under this provision, you have to have enough meth on your person for use. This doesn't mean possessing a substantial quantity of meth enough for someone to become high. Instead, there must be a sufficient quantity of the substance to allow for usage in the manner in which methamphetamine is typically used, that is, smoking, snorting, swallowing, etcetera.
The law requires proof of knowledge of illegal drug sales or intent. For example, you cannot be found guilty if you honestly thought the drug was Tylenol but it turned out to be meth. Not only does this section cover methamphetamine, but it also includes party drugs, illegal steroids, stimulants, and many more.
To be in "possession" of a controlled substance, physical possession, or contact is not necessary. Having control over it, whether directly or indirectly, is sufficient. Methamphetamine possession can be demonstrated in several ways.
- Actual possession—which implies that the methamphetamine was discovered on the accused's person, like on their hands or pockets
- Constructive possession—which means the drug was discovered in a location under the defendant's control, such as their home or car, rather than physically on them
- When several people share access to or control over meth, it's referred to as joint possession
If you work as a medical practitioner (like a veterinarian or a pharmacist) and you sell meth in compliance with the laws of California and the federal government, then you cannot be in violation of this statute.
The Difference Between HSC 11378 and HSC 11377, Simple Possession
HSC 11378 defines the act of possessing meth with the intention of selling, which is distinct from the simple possession charge that is pursued under HSC 11377.
Several factors determine whether this offense is distinct from methamphetamine possession, according to HSC 11377. These factors include the amount of money found, paraphernalia indicating drug use, and any claims made to the authorities indicating an intention to sell. On the other hand, HSC 11377 covers the simple act of possessing the drug, without any other requirements.
Under HSC 11378, the prosecution doesn't need to provide evidence that you sold meth. The prosecution must instead show that you had methamphetamine with the intent to sell it. Typically, the prosecution will call a drug expert witness to confirm that the following are indications of a sale:
- Huge amounts of cash
- Digital scales
- A large quantity of the substance
- Text messages proving previous transactions
- Controlled purchase using a private informant
- Pay-owe records
Selling methamphetamine is illegal on both the federal and state levels. As a result, there are instances in which you may be charged with a crime on both the federal and state levels.
Penalties For Violating Health and Safety Code 11378
If convicted, the possible consequences include:
- The offender can be sentenced to prison for a period of sixteen months to three years
- Fines of no less than $10,000 could be imposed by the court
- Felony probation could be imposed as a component of the sentencing
If you’re found guilty under this law, you cannot be qualified for a drug diversion program in place of serving time in jail.
Along with the above consequences, several sentencing modifications can be applied depending on certain aggravating elements:
- An extra year can be added to a sentence for methamphetamine possession with intent to sell if it happened within a thousand feet of a drug rehabilitation center or a shelter for the homeless
- If the offender employed an underage person to distribute the substance, the judge could sentence them to an additional 3, 6, or 9 years behind bars
- Possession of over a kilo of methamphetamine can lead to an extra 3 to 15 years in a California state prison
- If the accused used a child to assist with drug transactions, they could be subject to extra penalties under Penal Code PC 272
Immigration Consequences
Possession for sale of methamphetamine under HSC 11378 can result in inadmissibility, moral turpitude charges, and deportation, depending on the defendant's immigration status and the specifics of their case. This is likely to happen particularly when the judge sentences them to prison or jail
It is advisable to seek guidance from an immigration attorney with expertise in this field to gain an in-depth understanding of the immigration consequences of HSC 11378. If you don't know or have an immigration attorney, your criminal defense lawyer can recommend one.
Defenses to Charges Under HSC 11378
You can file several legal defenses if you are charged with a drug offense under this law. Some common defenses you could use in your case include the following:
You Had No Intention of Selling Methamphetamine
Under HSC 11378, the element of intent must be proven before someone can be charged for possessing methamphetamine to sell. If you were only in possession of meth for your use, you could be charged with a less serious crime of simple meth possession under HSC 11377.
Another legal defense tactic is pleading with the court to reduce your sales charge to a simple drug possession charge. This could make you suitable for enrollment in the drug diversion program. Simple drug possession charges carry fewer penalties and have the potential to be reduced to a misdemeanor. Also, if any jail sentence is required, it will be served in the county jail rather than the state prison.
The success of this legal argument will be determined by the amount of methamphetamine present, the presence of substantial sums of money, and the presence of drug-related paraphernalia such as scales and baggies.
You Were Not In Possession of Meth
Possessing methamphetamine is an essential element for a conviction under this law. In addition, "possession" has a precise legal meaning under the statutes. A defense would be for you to demonstrate that you did not have the substance.
Unlawful Searches and Seizures
Law enforcement officers should have a legal warrant to lawfully carry out searches and seizures unless they have a valid legal reason for not obtaining one. This suggests that you can legally say you were detained following an unlawful search and seizure by law enforcement.
A strong defense against charges of possessing methamphetamine with the intent to sell (HS 11378) is to challenge the legality of the search and seizure. If law enforcement acquired the evidence illegally, infringing on your 4th Amendment right against unwarranted searches and seizures, your lawyer could argue that the facts presented must be suppressed and are not admissible against you.
Police officers must first obtain a valid search warrant from a judge that establishes probable cause before they can search someone. However, there are some exceptions to this law, such as the following:
- When the proof is in plain sight of law enforcement
- When it is discovered during a search that leads to the arrest
- It can also apply under the Gant exception for checking a vehicle's passenger compartment
Many searches are warrantless and can be upheld in California courts. Reviewing the specifics of your case is crucial in determining whether valid arguments exist that could lead to a favorable outcome. As a result, you should consult with a skilled criminal defense attorney who can assess your case and file a motion to suppress any inadmissible evidence.
Can I Argue That I Only Had "Temporary Possession" Of Meth?
Possessing methamphetamine over a short period is an argument against the charges. You need to demonstrate that your possession of meth was temporary, that you intended to dispose of it, and that you did not intend to sell it or to obstruct police enforcement from acquiring the drug.
You have to establish all these factors with sufficient evidence to show your innocence.
Related Charges
There are several offenses related to possessing methamphetamine for sale. They include:
- Possession of meth (HSC 11377)
- Transporting or selling meth (HSC 11379)
- Possessing controlled substances for sale (HSC 11351)
- Driving while impaired by drugs (VC 23152f)
- Being impaired by a controlled substance (HSC 11550)
Possessing Methamphetamine
Possession of meth is defined as the illegal possession of methamphetamines and certain other drugs under HSC 11377. The term "possession" is defined similarly in this law as in HSC 11378.
Transportation or Sale of Methamphetamine
According to HSC 11379, transportation or sale of meth is an offense whereby meth is sold or transported for sale. HSC 11378 specifically makes it illegal to possess methamphetamine to sell it. This law mainly focuses on the crime of selling methamphetamine and transporting it.
Possession of Controlled Substances For Sale
Possession of controlled substances is an offense under HSC 11351 if you have certain controlled drugs with the intention of selling them.
Methamphetamine is a controlled substance covered by this law. As a result, if you have methamphetamine with the goal of selling it, you could face charges under either HSC 11351 or HSC 11378.
Driving While Impaired By Drugs (DUID)
DUID, as defined by California VC 23152f, is the act of driving while impaired by the effects of drugs consumed. Unlike HSC 11378, violations of this law can result in either felony or misdemeanor charges.
Impairment By Controlled Substances
According to HSC 11550, being impaired by controlled substances is a crime committed when you are impaired by a narcotic or controlled drug that has not been legally prescribed.
Find a Drug Crimes Defense Attorney Near Me
If you are accused of selling methamphetamine under HSC 11378, you should seek the assistance of a drug crimes defense attorney. We at the Los Angeles Criminal Attorney can assess your case details, find flaws in the prosecution’s case, and discuss your legal options. Our attorneys will work hard to prepare a solid defense to achieve the best possible result for your case. This can involve requesting the court to lessen your charges or dismiss your case. Call us at 424-333-0943.
