California has strict laws that control the possession, sale, use, and transportation of Methamphetamine. You can be arrested and charged with possession of methamphetamine if you are found with a usable amount of the substance on your person or in an area where you control it.

Before you are convicted of the offense, the prosecution must prove your knowledge of the presence and nature of meth as a controlled substance. Possession of meth is charged under California HSC 11377, and it attracts severe legal and collateral consequences after a conviction. In addition to a jail sentence and hefty fines, a conviction from the office remains on your record and can affect your personal and professional lives.

Therefore, you must aggressively fight the charges by hiring a reliable defense attorney. At Monterey Criminal Attorney, we offer expert legal counsel to clients battling charges for possession of meth in Monterey, CA.

An Overview of California Health and Safety Code 11377(a)

Methamphetamine is a highly addictive synthesized stimulant. This controlled substance is only authorized for the treatment of attention deficit hyperactivity and obesity. As a class II controlled substance, the possession of meth without a valid prescription is a serious offense charged under California HSC 11377(a).

Most people who use methamphetamine inject it into their bloodstream or snort it. The effects of using the drug include increased heart rate, hypothermia, and high blood pressure, which are all dangerous to the health of the user.

If you are charged, the prosecution must prove these elements to secure a conviction against you:

You Possessed Methamphetamine

Possession of the substance could be actual, constructive, or joint, depending on the circumstances. You are in actual possession of meth if it is found on your person or in a bag you are carrying. You can also be charged with possession of meth if the substance is found in an area that you control.

You Possessed the Drug Without a Valid Prescription

You must have a valid prescription if you possess the substance for medical purposes. When establishing your guilt, the prosecution must prove that you did not have a prescription or possessed more than necessary to treat your condition.

You Knew of the Drug Presence and its Nature as a Controlled Substance

You cannot be convicted for possession of drugs that you know nothing about. Therefore, the prosecution must prove that you knew of the presence of meth. Additionally, you must have known of its nature as a controlled substance.

You Possessed a Usable Amount of Meth

A usable amount, in this case, is a quantity of meth drug necessary for intoxication.

Legal Penalties for Possession of Methamphetamine

Simple possession of methamphetamine is a misdemeanor. A conviction for the offense is punishable by up to one year in county jail and fines not exceeding $1,000. Most first-time offenders facing charges under HSC 11377(a) can avoid incarceration through probation or entering a drug diversion program.

Defendants may spend part of their sentence under probation through community service rather than going to jail. A misdemeanor conviction for meth possession has a maximum three-year probationary period. The court places restrictions on your probation that you have to abide by, such as:

  • Arbitrary drug testing.

  • Refrain from committing any other crimes.

  • Inform the court of your progress.

  • Full payment for all court dates.

You may face charges of a felony with a maximum fifteen-year prison sentence if you are discovered in possession of a significant amount of methamphetamine or if you have already been found guilty of the crime.

A conviction for possession of meth will continue to impact your life long after you have served your jail sentence and paid your fines. When your conviction enters your record, it can be discovered by individuals who perform a background check on you. Common collateral consequences of your conviction could include:

  • Difficulty obtaining a job. Most employers will check your criminal record before offering you a job at their company. Having a drug conviction could be used to discriminate against you.

  • Difficulty qualifying for student loans. If you're a college or university student, obtaining student loans to fund your education could prove challenging with your record conviction for HSC 11377.

  • Loss of your professional license. Your professional license could be at risk of revocation or suspension when your licensing board learns of your conviction for possession of meth.

Defenses Against Charges for Possession of Methamphetamine in California

The stakes are high for defendants facing charges for possession of methamphetamine. Therefore, you must be aggressive to fight the charges and avoid a conviction. With the guidance of a skilled drug-crime defense attorney, you can present the following defenses to your case:

You Did not Possess the Drug

Not all arrests and charges for possession of meth can be backed up by evidence. Sometimes, speculations from law enforcement officers or wrong anonymous tips can be the basis for your arrest. You can avoid a conviction under HSC 11377(a) by arguing that you did not possess the substance.

Lack of Knowledge of the Drugs Presence

The prosecution must prove beyond a reasonable doubt that you knew of the presence of meth and its nature as a controlled substance. It is not uncommon for a person to have drugs in a space they control without their knowledge. For example, if your friend leaves their bag in your vehicle or house and you do not check its contents, you can be arrested for possession of meth if law enforcement officers find the substance.

Proving your knowledge of the drugs, primarily when they are not found in you, can be challenging for the prosecution. Therefore, you can avoid a conviction using this argument.

Unlawful Search and Seizure

Even when you are suspected of committing a drug crime in California, law enforcement officers must obtain a warrant from the court to search your home or person. Additionally, the officers must search within the specified scope of the warrant.

When law enforcement officers receive tips on drug possession, they are tempted to act quickly, which could cause them to search your home without a warrant. If you are a victim of an unlawful search, you can petition the court to dismiss the evidence obtained from the illegal search.

Police Entrapment

Entrapment is when police officers coerce you to commit a crime that you could not have committed otherwise. When police use sting operations in an attempt to apprehend individuals involved in the possession and sale of controlled substances, they could induce you into obtaining the drugs.

Entrapment violates your constitutional rights and could be a basis for dismissal of your case.

You Had a Valid Prescription

You will be charged with possession of meth if you do not have a valid prescription for the substance. Therefore, if you can prove that you had a prescription and you only possessed an amount consistent with the physician's recommendation on the prescription, you could avoid a conviction.

Frequently Asked Questions about California Penal Code 11377

Facing an arrest and being charged with possession of methamphetamine is a nerve-wracking experience. Most people are unsure how to protect their rights and fight the charges. The following are frequently asked questions about the possession of methamphetamine:

Can I still be charged with possession of meth if I did not know about its presence?

Before you face a conviction for possession of methamphetamine, the prosecution must prove your knowledge of the presence and nature of the drug as a controlled substance. However, this does not mean that you must have known the substance was meth. While building a defense in your case, your attorney can dispute your knowledge of the drug's presence. This will help you avoid a conviction and punishment under HS 11377.

What is Considered a Usable amount of a drug?

One of the factors that the prosecution must prove when establishing your liability under HS 11377 is that you possess a usable amount of the substance. Under California law, a usable amount of a drug is any amount large enough to produce a physical or mental effect on the user. The amount considered usable will vary depending on the nature and potency of the substance.

Am I eligible for drug diversion when facing charges for possession of methamphetamine?

If you are a first-time offender facing charges for possession of a small amount of methamphetamine, you may be eligible for drug diversion. Common diversionary sentences for drug crimes include the following:

  • California Penal Code 1000

California PC 1000 is a pretrial diversion program that allows low-level offenders to have their cases dismissed after completing the program. If you do not complete the program successfully, you will be entitled to a fair trial where you can battle your charges. If you are charged with possession of methamphetamine, you must meet the following eligibility criteria to enter a diversion program under PC 1000:

  • You have not suffered a conviction within five years of your arrest for possession of meth.

  • Your violation of HSC 11377 did not cause harm to another person.

  • There is no evidence of simultaneous violations related to narcotics.

  • You have no prior felony conviction within five years of possession of meth.

Before you enter this diversion program, your attorney will receive a notice from the prosecution indicating:

  • The full procedures for the pretrial diversion.

  • An explanation of the roles of different departments in your diversion program.

  • A clear indication that you must plead not guilty to possession of meth before entering the program.

  • A statement of your rights while in the diversion program.

  • The conditions that you must follow for successful completion of the diversion program.

Your diversion program under PC 1000 will last up to eighteen months, depending on your circumstances and performance. After completing the program, your case will be dismissed, allowing you to avoid a criminal trial.

  • Proposition 36

Drug diversion under Prop. 36 is the practice of allowing defendants to have their charges or convictions dismissed after the successful completion of a drug treatment program. Court-approved drug treatment programs involve:

  • Drug education.

  • Residential and outpatient drug treatment.

  • Narcotic replacement and drug detoxification services.

  • Aftercare services.

Proposition 36 is set aside for first-time offenders facing charges for simple possession of controlled substances. The following factors would disqualify you from this program:

  • You have a prior strike conviction. You receive a strike on your record when you face a conviction for a serious felony under California's three strikes law.

  • You are simultaneously convicted for a felony or misdemeanor offense. It is not uncommon for individuals to face multiple charges at once. If you face additional charges for a felony or misdemeanor in addition to your HSC 11377, you cannot enter the diversion program.

  • You had a firearm or dangerous weapon at the time of your arrest for possession of methamphetamine.

  • You fail to consent to drug treatment as a condition of your probation.

  • You have previously participated in a Prop 36 program.

Successful completion of your diversion program means that you have completed your term and followed through with all the court-imposed conditions. After completing the program, you can petition the court to dismiss your case or conviction. This allows you to avoid incarceration and the consequences associated with having a drug conviction on your record.

Can I argue that my possession of meth was momentary?

You can avoid a conviction for possession of methamphetamine by arguing that you possess the substance momentarily. However, this defense will only be effective if you prove your intention to dispose of the substance or surrender it to law enforcement officers. Additionally, it must be clear that you did not attempt to conceal it from the police when they arrested you.

Can I expunge my 11377(a) conviction?

A conviction for possession of methamphetamine can have lasting consequences for your life. This is because the conviction will enter your criminal record, which is accessible to the public. When discovered in a background check, the drug conviction will dim your chances of a good job, a place to live, and financial aid if you are a student.

Fortunately, you can use several types of post-conviction relief to avoid the disabilities of your conviction, including an expungement. Under California PC 1203.4, an expungement is a legal proceeding where your guilty verdict is exchanged for not guilty, and your case is dismissed.

You may be eligible for an expungement of your HSC 11377 conviction if you meet the following eligibility criteria:

  • You have completed your probation. This means you have served the full probation term and followed all the probation conditions.

  • You are not serving a sentence for another offense.

  • You are not facing additional criminal charges.

If you are eligible for an expungement, you can file a petition with the court where you were convicted. The judge will review your petition before granting or denying it. If your conviction is successfully expunged, you can legally answer ‘no’ when asked about prior convictions.

Offenses Related to Possession of Methamphetamine

A violation of HSC 11377(a) is one of the most common drug crimes charged under California law. When you face charges under this statute, the prosecution can introduce the following related offenses to your case:

Possession of a Controlled Substance

You will be arrested and charged with possession of a controlled substance when you are found in actual possession or control of a restricted drug. Possession of a controlled substance is charged under California HSC 11350 and has the following elements:

  • You possess a controlled substance.

  • You did not have a valid prescription for the drugs.

  • You knew the presence and nature of the controlled substance.

  • The controlled substance you possessed was in a usable amount.

Simple possession of a controlled substance is a misdemeanor punishable by a year in jail and fines that do not exceed $1,000.

Possession of Drug Paraphernalia

California HSC 11364(a) makes it a crime to possess devices or instruments used to smoke or inject a controlled substance unlawfully. You will be convicted for possession of drug paraphernalia if the prosecution can prove that:

  • You possessed or controlled drug paraphernalia.

  • You knew of the presence of the paraphernalia.

  • You knew the nature of these items as drug paraphernalia.

You can be charged with possession of drug paraphernalia along with possession of methamphetamine if you are found in possession of paraphernalia linked to the use of meth. A violation of HSC 11364 is charged as a misdemeanor. A conviction for the offense will see you spend up to six months in jail and receive fines not exceeding $1,000.

Possession of Methamphetamine for Sale

The sale of controlled substances in California attracts severe criminal charges. You can be arrested and charged under California HSC 11378 if you possess methamphetamine with the intent to sell it. Your conviction under this statute will arise when the prosecution processes these elements:

  • You possessed meth unlawfully.

  • You knew of the drug’s nature and its presence.

  • You intended to sell the drug.

Your intention to sell meth differentiates HSC 11378 from HSC 11377(a). Some of the ways through which the prosecution can prove your intent to sell the drugs include:

  • The presence of large sums of cash with the drugs.

  • Possession of large quantities of methamphetamine.

  • Possession of paraphernalia associated with sales.

Possession of meth is a felony that could see you spend up to three years in prison and receive fines of up to $10,000. If you are convicted of possession of meth for sale, you will not be eligible for a diversion program.

Transporting or Selling Methamphetamine

Under California Health and Safety Code 11379, it is a crime to transport, sell or import meth. Common conduct that could result in an arrest and charges under this statute include:

  • Transport of meth from one location to another.

  • Administering or giving away meth to another person.

  • Sellk or exchange meth with something of value.

Transport and sale of meth is always charged as a felony in California. A conviction for this offense is punishable by a prison sentence of two to three to four years. Additionally, the court may impose fines not exceeding $10,000.

Manufacturing a Controlled Substance

California HSC 11379.6 makes it a crime to manufacture a controlled substance. In this case, a controlled substance is any substance whose manufacture, sale, and use are regulated by the government. You will be found guilty of manufacturing a controlled substance if the prosecution can prove the following elements of the crime beyond a reasonable doubt:

  • You compounded or produced a narcotic.

  • You knew of the substance's nature as a narcotic.

You don't need to know the exact type of narcotic you manufacture. Additionally, you do not need to complete the manufacturing process of the drug for you to be charged and found guilty under this statute. Manufacturing a controlled substance in California is a felony punishable by a prison sentence ranging from three to seven years.

You could face additional penalties if you manufacture a large quantity of the drug or if you have an extensive criminal history.

Find a Competent Drug Crime Defense Attorney Near Me

Due to the impact of meth on the mental and physical capacity of the user, possession of the drug is a severe offense charged under HSC 11377(a). The consequences of a conviction for possession of methamphetamine go beyond incarceration and fines. Your conviction will enter your criminal record and can affect your ability to secure employment, possess a firearm, or be eligible for financial assistance.

Fortunately, not all artists under this statute result in a conviction. With the guidance of a reliable drug-crime defense attorney, you can fight to avoid a conviction. If you are a first-time offender, your attorney can negotiate a drug diversion program that allows you to avoid incarceration and receive the assistance you need to stay off drugs.

If you or a loved one faces criminal charges under HSC 11377 in Monterey, CA, you will benefit from the top-notch legal guidance we offer at Monterey Criminal Attorney. Our lawyers will protect your constitutional rights and build a solid defense to secure the best possible outcome in your case. Contact us at 831-574-1791 to discuss your case details.