After the passing of Prop 47 in 2014, several simple drug possession offenses were lowered to misdemeanors from felonies, while others were decriminalized. However, whereas simple possession is currently a misdemeanor in many cases, possessing narcotics intending to sell, transportation of drugs, and drug sale are still deemed felonies and can carry extremely harsh consequences.
Like HSC 11351, which covers narcotics such as opiates, heroin, and cocaine, HSC 11378 considers it a felony to possess meth, ecstasy (also known as MDMA), GHB, PCP, and other particular substances intending to sell them. This is a severe drug offense, and those found guilty can be subject to a prison term.
If the prosecution has charged you with possession of meth for sale or any other related crime, you will need to comprehend the facts surrounding the charge. You will also need to consult a California defense lawyer who understands the most compelling legal defenses for having the charges against you reduced or dismissed altogether.
Meth Possession for Sale Vs. Simple Possession
The underlying circumstances of the crime of simple meth possession and possession Intending to sell may be significantly similar, but the consequences are significantly different. Simple meth possession is currently a misdemeanor, and if you are found guilty HSC 11377, you will be subject to up to 12 months in custody. In most cases, you may qualify for a narcotics diversion program per PC 1000 or Prop 36. The qualification would eventually lead to the dismissal of your criminal charges.
Possessing meth for sale under HSC 11378 is always deemed a felony, and if convicted, you can be subject to a state prison sentence that does not exceed three years. In most cases, prosecutors and law enforcement officers will prosecute possession intending to sell when, in the actual sense, the accused person only possessed ecstasy or meth for their personal use or their friends.
Prosecutors and law enforcement will usually search for evidence that the accused person intended to sell the narcotics. This evidence includes large amounts of meth discovered, narcotics that have been packaged and separated for selling, and the availability of items linked to narcotics sales, like scales and significant amounts of money.
What It Means to Possess Methamphetamine for Sale
Per California's criminal statutes, you are guilty of possessing meth for sale if all of these facts are true:
- You illegally possessed meth
- You were aware of the narcotic’s presence
- You were aware of the character or nature of the substance as a regulated substance
- When you had the regulated substance, you meant to sell it
Note that HSC 11378 criminalizes possessing for sale methamphetamine and non-narcotic regulated substances, including illegal steroids, party drugs, and stimulants.
Regarding possession of a regulated substance, you need not actually touch or hold a drug to possess it. Having control over it, whether personally or via someone else, suffices.
To be convicted under this law, you must have possessed sufficient methamphetamine for use as a regulated substance. This does not mean you must possess a significant amount of methamphetamine to intoxicate you or someone else.
Instead, there must be enough of the narcotic so it can be utilized in a manner someone would usually use meth (for example, snort it, smoke it, swallow it, et cetera). You do not break this law if you are a medical professional (like a veterinarian or pharmacist) and sell meth per federal or California law.
The Punishment You May Face for Possessing Meth for Sale
Possessing methamphetamine is deemed a felony crime punishable by a jail term that does not exceed three years and up to ten thousand U.S. dollars. You do not qualify for narcotics diversion (narcotics treatment) instead of custody time if found guilty under this law. Additionally, you could be subject to an increased jail term if these facts apply:
- You broke the law while on the grounds of a narcotics treatment facility, detox center, or homeless shelter.
- You possessed more than a kilogram of methamphetamine
- You utilized a child's assistance to violate the law or meant to sell methamphetamine to a child
If you are a legal alien or legal immigrant, a conviction per HSC 11378 may result in deportation or removal and inadmissibility.
Defending Against Meth Possession for Sale
In most cases, the D.A. might charge you with the more severe crime of meth possession for sale when, in the real sense, the accused person only had the drugs for their own use. In these instances, a skilled drug crimes lawyer may be capable of demonstrating why misdemeanor simple possession charges would be more appropriate, and the accused person might qualify for a narcotics diversion program.
Where the evidence is overwhelming, and the charges cannot be lowered, your lawyer can argue several defenses during the trial, which may lead to the dismissal of charges or a not-guilty verdict. These defenses include the following:
Illegal Search and Seizure
This is a prevalent defense to contest several types of narcotics offenses. Police officers must possess a search warrant, or a lawful excuse for lacking one, to legally conduct a search or seizure.
Your lawyer could contest the evidence’s admissibility by bringing a motion to suppress per PC 1538.5 if the authorities discovered the drugs after conducting a warrantless search and seizure not backed by probable or reasonable cause. If the lawyer wins the motion, the judge will suppress the evidence, and the D.A. will probably drop the case.
Even if the authorities discovered the meth and other evidence during the execution of a search warrant, there might be grounds for your lawyer to have the judge invalidate the warrant if there was incorrect information in the affidavit or the warrant was not executed properly.
No Intention to Sell
Remember, you can only be convicted of possessing meth if you had the drug and intended to sell it. Thus, your lawyer can always contest the charges against you by arguing that you never intended to sell the methamphetamine. For example, perhaps you possessed the narcotic for your own use.
You Did Not Possess The Drug
Remember, also, that you must have possessed methamphetamine to be found guilty under this law. Additionally, possession has a definite legal description under the law. Therefore, a defense is for your Lawyer to prove you never had a regulated substance.
Coerced Confession
According to the law, police officers should not violate the Fourth Amendment while interrogating you. Your lawyer may successfully have the judge suppress the gathered evidence. If the officer in your case used overbearing techniques to force a confession out of you regarding meth possession for sale, This may ultimately lead to the case being dismissed.
Police Entrapment
It is lawful for police officers to go undercover and request you to sell or buy them controlled substances. However, if the officers in your case excessively pressured you, they would have unlawfully entrapped you. Entrapment is illegal, and your lawyer may successfully persuade the prosecution to dismiss the charges against you.
Related Crimes to Meth Possession With Intent to Sell
Several crimes are related to the crime of meth possession for sale. Their relationship is because they share some elements. Consequently, the prosecution can charge you with any of these crimes alongside or instead of meth possession for sale if the circumstances allow. These crimes are:
- HSC 11377, meth possession
- HSC 11379, selling or transporting meth
- HSC 11379.6, manufacturing a controlled substance
- HSC 11383 and HSC 11383.5, Possessing drugs manufacturing materials
- HSC 11351, possessing a regulated substance intending to sell
- HSC 11550, being under the influence of a regulated substance
- VC 23152(f), driving under the influence of drugs
HSC 11377, Meth Possession
According to HSC 11377, possessing meth is the offense whereby you illegally possess meth and certain other drugs. Possession is described similarly under this law as under HSC 11378.
Simple methamphetamine possession is often considered a misdemeanor under California law, punishable by up to 12 months in custody and a fine not exceeding one thousand U.S. dollars. However, if you qualify, the judge can dismiss your case after you complete a narcotics diversion program, like Prop 36, PC 1000, or drug court.
Note that simply possessing meth can be considered a felony offense if you have past convictions for particularly serious offenses, like registerable sex crimes. The penalties can be a jail term of sixteen months, two or three years, and a maximum of ten thousand U.S. dollars in fines. However, even then, judges often enjoy the power to grant a probation sentence instead.
HSC 11379, Selling or Transporting Meth
HSC 11379 criminalizes the trafficking of regulated substances. According to this law, trafficking meth involves selling or transporting for sale, furnishing, administering, importing into the state, giving away meth, or offering to do any of the above. Note that whereas HSC 11378 criminalizes possessing meth intending to sell, this law centers on the actual sale of methamphetamine and transporting it.
If convicted for transporting, selling, or otherwise trafficking meth, you can be subject to four, three, or two years in jail and a maximum of ten thousand U.S. dollars in fines. However, if the methamphetamine was moved across more than two county lines intending to them at the destination, the sentence will be increased to nine, six, or three years in prison.
When the judge determines what sentencing term to impose against you, they will likely hand down the most severe one if you were aware, or should reasonably have been aware, that the meth recipient was pregnant, was undergoing treatment for a narcotics problem or mental health disorder, or had a conviction for a violent felony.
HSC 11351, Possessing a Regulated Substance Intending to Sell
Under HSC 11351, possessing a regulated substance is the offense whereby you possess particular regulated substances to sell them. Meth is one of the narcotics covered under this law. Thus, if you are caught in possession of methamphetamine intending to sell it, the D.A. can charge you under HSC 11351 or HSC 11378.
VC 23152(f), Driving Under the Influence of Drugs
Under VC 23152(f), driving under the influence of drugs is the offense whereby you drive while intoxicated with narcotics. To be found criminally liable for driving while intoxicated with meth, the prosecution must show that the meth so far impacted the brain, nervous system, or muscles and impaired to an appreciable capability to operate an auto in a way that an ordinarily cautious and prudent person in full possession of their faculties.
Unlike HSC 11378 violations, violations under this law can result in a felony or a misdemeanor. A misdemeanor offense is treated similarly to DUI (driving while intoxicated with alcohol). The penalties for a first-time conviction are a maximum jail sentence of six months, DUI school, and driver's license suspension.
HSC 11550, Being Under the Influence of a Regulated Substance
Under HSC 11550, being under the influence of a regulated substance is the offense whereby you are intoxicated with a narcotic or regulated substance not legally prescribed, even if there is no longer a drug in your possession.
Violating this statute is a less severe crime compared to violating HSC 11378. The crime is deemed a misdemeanor punishable by up to twelve months in jail and one thousand U.S. dollars in fines. However, should you complete a diversion program, you could do probation rather than jail time and evade a conviction. Before conviction, however, the prosecution must show that your mental or physical abilities are impaired in a detectable way and that methamphetamine led to your impairment.
Find an Experienced Drug Crime Defense Attorney Near Me
If you have been arrested for possessing methamphetamine for sale in Sacramento, you want to consult a lawyer immediately. At Foos Gavin Law Firm, we can help. We have highly skilled litigators who understand how to fight for those accused of drug offenses effectively. To schedule a free consultation or learn more about possessing meth for sale, call us at 916-779-3500.
