Possession of methamphetamine is a serious offense that can result in misdemeanor or felony charges, depending on the details of your case. A felony conviction can result in a lengthy prison sentence and a hefty court fine. A conviction can also have life-changing consequences, including a damaging criminal record that could affect your efforts to find suitable employment.
However, you can fight your charges if you face false charges, have a prescription for the drug, or are a victim of unlawful search and seizure. A skilled attorney can help you develop a solid defense against your charges for the best possible outcome for your case.
What the DA Must Prove
The law regulates the possession, sale, and distribution of some drugs and substances because of their potential for abuse and addiction. Methamphetamine is one of the most highly regulated substances in California, as it is highly addictive and can easily be abused. It is a potent stimulant that affects the central nervous system when taken excessively or for a prolonged period. Additionally, its odorless nature makes it an easy target for drug users and abusers who need a quick fix.
Methamphetamine is classified under Schedule II of the Controlled Substances Act. The law classified drugs under these schedules according to how dangerous they are. Even though drugs and substances under Schedule I are the most hazardous, Schedule II drugs are equally harmful because they have a high potential for abuse and addiction. Thus, there is a need for the government to control the possession, use, sale, and distribution of methamphetamine.
Possession of methamphetamine in California is prohibited under HS 11377. This is the law against which the prosecutor will file charges if they find you in possession of meth. But they must demonstrate the following elements beyond a reasonable doubt for the court to find you guilty of your charges:
- You were in possession of methamphetamine when the police arrested you
- You were aware or should have reasonably known of the drug’s presence in your person or property
- You knew or should have reasonably known that the substance in your possession was regulated by the government, not necessarily that it was methamphetamine.
- You had enough of the drug in your possession to use as a substance, not just residue or traces of it.
Let us discuss these elements further to help you understand the law even better:
Being in Possession of a Drug
Prosecutors only file charges under HS 11377 if you are found in possession of methamphetamine. Thus, the DA must demonstrate that they found the drug in your person or property. Being in possession means that you controlled or were in charge of the drug.
You could be in actual possession of a drug if the drug is in your person, suggesting that you were holding it or had it in the clothes you were carrying or what you were holding. You are in constructive possession if the drug was in another location but under your control or charge. For example, if someone else was keeping the drug for you, or you hid it in someone else’s property. You can also be in joint possession of the drug if you share possession with another person. The prosecutor will demonstrate all this to obtain a guilty verdict.
Knowing About the Drug
You are only guilty of drug possession if you know of the drug’s presence in your person, property, or anywhere else you are keeping it. The DA must demonstrate that you knew you had methamphetamine and that you knew of the drug’s nature as a regulated substance. The judge will dismiss your charges if you do not have that knowledge.
However, simply citing a lack of knowledge will not cause your charges to go away. You must demonstrate it with evidence to counter the prosecutor’s case. Proving knowledge is one of the challenges prosecutors face when prosecuting drug-related cases. However, they use specific case details to confirm that you know the drug’s existence and nature as a regulated substance. For example, the prosecutor can use the fact that you were nervous during your arrest to prove this.
Note: It is unnecessary that you know the chemical composition or name of the controlled substance in your possession. Knowing that possessing the drug is illegal is enough to obtain a guilty verdict.
A Drug in Usable Quantity
Remember that the need to prosecute possession of controlled substances is to reduce the rate at which Californians consume controlled substances. Thus, the prosecutor will only file charges if the amount of drug in your possession is usable. Mere traces of the drug or a residue of methamphetamine are not enough to support charges under HS 11377. You must have enough of the substance to snort, swallow, or smoke. Additionally, the prosecutor will still file charges even if the drug is insufficient to make you high.
Simple Possession Vs. Possession for Sale
Simple possession refers to the possession of a substance for personal use. HS 11377 prosecutes simple possession of methamphetamine. It is a different crime from possession for sale (HS 11378) and less severe. When the police find you in possession of methamphetamine, the prosecutor decides whether to file charges under HS 11377 or HS 11378. The following factors guide their decision:
The Report That Led To The Arrest
Some drug-related arrests are made after members of the public report crimes to the police. If someone reported that you had methamphetamine and intended to sell it, the prosecutor can use that report to determine your charges. If someone overhears or, worse, records you saying that you were selling or intending to sell the substance, the prosecutor can use it as evidence to obtain a guilty verdict under HS 11378. But without such a report, the prosecutor will file simple possession charges if the amount was just enough for your use.
The Amount of Drug
Generally, prosecutors consider the amount of drugs in your possession to determine charges. The prosecutor will file simple possession charges if the amount is only for one person’s use. But if the amount is more than you need for personal use, you will face charges for possession for sale.
The Packaging
Prosecutors also consider how the drugs are packaged to determine charges. If the drugs in your possession were in a single package, the prosecutor can file simple possession charges. But if they were in several small packages, it would appear as if you intended to sell or distribute the drugs.
Drug Paraphernalia
The prosecutor will consider everything the police recovered during the crime investigation and arrest. If you only had a single baggie of drugs, they would file simple possession charges. But if you were also in possession of drug-related paraphernalia, the prosecutor could file charges under HS 11378.
Possession of Methamphetamine by Medical Professionals
Medical professionals are exempted from prosecution under HS 11377 if they have a license to handle or deal with methamphetamine. Thus, you could avoid persecution under this statute if you are a pharmacist, doctor, or veterinarian.
Other Substances Covered under HS 11377
HS 11377 prohibits the possession of methamphetamine and other stimulants or anabolic steroids. These substances are mostly considered party drugs. Other drugs that could result in charges under this statute include the following:
- GHB
- PCP
- Ecstasy
- Ketamine
A conviction for possessing all of these drugs results in the same penalties.
Possible Penalties After a Conviction for the Possession of Meth
Simple possession of methamphetamine is generally a misdemeanor. However, the prosecutor can charge it as a felony under specific circumstances.
If you face misdemeanor charges under HS 1377, you will likely receive the following penalties upon conviction:
- A maximum of one year in jail
- A maximum of $1000 in court fines
The prosecutor will likely file felony charges when you have a previous conviction for any of the following crimes on your record:
- A grave felony like murder, sex crime against a minor below 14, sexual violence, or gross vehicle manslaughter when intoxicated
- Any sex offense that carries a requirement to register in the sex offender registry
If the court finds you guilty of a felony under HS 11377, you will likely receive a prison sentence of 16 months, two or three years.
Suppose the methamphetamine in your possession weighs one kilogram or more. In that case, the judge will sentence you to an additional prison sentence of three to fifteen years, even when the district attorney cannot prove beyond a reasonable doubt that you planned to sell the drug.
Eligibility for a Drug Diversion Program
You could qualify for drug treatment instead of a jail sentence if you face misdemeanor charges under HS 11377. The prosecutor will consider the following factors to determine your eligibility:
- If this is your first or subsequent violation,
- If the offense was non-violent
- If the meth in your possession was for personal use,
Drug diversion programs are usually available for first-time non-violent drug offenders. They are designed to help offenders receive treatment and rehabilitation for behavior change instead of punishment for their actions. You can avoid a jail sentence if the judge sends you to a drug diversion program. There are three such programs under the law:
- PC 1000
- Proposition 36
- Drug Court
However, you will be ineligible if you are guilty of, or plead to possession of, meth for sale (HS 11378) or selling it (HS 11379). If you choose a guilty plea to simple possession of meth as a plea bargain for a more serious drug charge, you could qualify for drug diversion.
If you are eligible for drug diversion, the prosecutor will inform you in writing through your attorney. The written notification will provide details about the diversion, how it works, and what is expected of you. The prosecutor will also give details of the conditions you must adhere to during treatment. You will be required to plead guilty to simple possession of meth and waive your right to a speedy trial.
Drug diversion treatments start before the trial. If you stick to the program and complete it, the judge will dismiss all your charges. This means you will not face trial for the offense for which you face charges. But if you fail to complete the program, the judge can continue your case from where you left off.
How To Defend Your Charges Under HS 11377
All drug-related charges are grave, including simple possession charges, as they result in life-changing penalties. However, you can change the outcome of your case by fighting your charges during the trial. A competent criminal defense attorney can use the best legal defense strategies to compel the judge to dismiss or reduce your charges. Some of these strategies include the following:
You Obtained the Drugs Legally
Possession of methamphetamine is legal if you obtain the drugs by legal means, like using a valid prescription. If you have a medical condition that is treatable by meth and have a prescription for it, you are not guilty under this statute. But you must demonstrate that in court for the judge to dismiss your charges. You must produce the prescription and prove that the amount of drugs in your possession was precisely as the doctor prescribed. Your attorney can also produce your medical records to support your claim and have an expert weigh the drugs for concrete supporting evidence. If your defense is valid, the judge will drop your charges.
You Were Legally Transporting the Drug
Remember that some medical professionals are legally allowed to prescribe and issue methamphetamine for medical purposes. If you are a licensed medical professional, and your patients use meth, you are exempt from prosecution under this law for legally transporting it to your workplace or patient. But you must provide supporting documents to compel the judge to dismiss your charges. Your attorney will ensure you provide adequate support documents and prepare a solid statement to support your actions and obtain a favorable outcome.
You Did not Knowingly Possess The Drugs
Charges under HS 11377 require you to know you have meth in your person or property and that it is a controlled substance under the Controlled Substances Act. You are not guilty of this crime if you lack this knowledge. This can occur in various situations, including when someone hides the drugs on your property or asks for your help transporting the drugs without disclosing the details. In that case, you can confidently demonstrate your lack of knowledge.
Remember that the district attorney must demonstrate this knowledge beyond a reasonable doubt. That could be a challenge if you state your lack of knowledge about the drug in your possession. If the prosecutor cannot prove all the elements of the case, the court will dismiss the charges.
The Police Conducted an Unlawful Search and Seizure
A legal search is one way the police recover evidence in drug-related cases. When law enforcement receives a report regarding a particular drug possession situation or suspects a person of possessing drugs, they must obtain proof quickly to support charges in court. Sometimes, this happens quickly, without the officer obtaining a search warrant.
However, the law prohibits law enforcement officers from conducting such searches without legal warrants. They must present a signed warrant to the defendant and explain what they seek before searching. Search warrants also limit the police’s search to a specific area or territory. It is unlawful for the police to search areas or territories not covered by the search warrant.
You can use this defense strategy in court if the police search your person or property without a warrant. Your attorney can also fight to dismiss your charges if the search exceeds the warrant's provisions. The judge will ignore any evidence gathered through an unlawful search and seizure. That could leave the prosecutor with insufficient evidence to prove the case beyond a reasonable doubt.
The Police Did Not Have Probable Cause for Arrest
If a police officer stops you by the road and starts investigating you for drug use or possession, they must demonstrate probable cause. Any arrest without probable cause is unlawful, and the judge will dismiss it. Before investigating you or obtaining a search warrant for your person, or property, the police must have suspected that you have meth. The DA must demonstrate this suspicion. If they conducted a random stop, your attorney could cite profiling to compel the judge to dismiss your charges.
The Police Violated Your Civil Rights
You can also use this defense strategy if you are unhappy with how the police handled you during crime investigation and arrest. In case of police misconduct, the judge can dismiss all evidence the police gathered after or through the violation.
For example, if the arresting officer fails to read your Miranda rights or grant your right to counsel, your attorney can gather any evidence gathered after that violation. Also, if the police used fraud, tricks, or violence to obtain evidence, your attorney can compel the judge to dismiss that evidence.
Find a Competent Criminal Defense Attorney Near Me
Possession of methamphetamine can result in life-changing consequences, including lengthy prison or jail time, a hefty court fine, and a damaging criminal record. But you can fight your charges with the help of a skilled criminal defense attorney.
We handle all kinds of drug charges at the Los Angeles Criminal Attorney. We have the skills and experience to explain your legal situation and options and develop a solid defense against your charges. We use the best strategies to obtain a favorable outcome for our clients' cases. Call us at 424-333-0943 if you face charges under HS 11377 in Los Angeles, and let us help you navigate the legal process successfully.
