Possessing, consuming, transferring, selling, trafficking, or manufacturing methamphetamine is illegal in California. The state has established laws to manage and address the possession, distribution, and production of regulated substances, including methamphetamine. This is primarily due to these substances' dangers and societal impacts. These actions are criminalized under Health & Safety Code § 11377(a). You will face misdemeanor penalties if convicted of an HS 1137(a) violation.

A conviction hurts your life. You risk imprisonment and paying fines. Additionally, a criminal record impacts your ability to secure employment and engage freely with others socially, disabilities an individual without a criminal record does not experience. You should seek legal representation to help you fight the charges. If you are facing possession of meth charges in Bakersfield, contact the California Criminal Lawyer Group.

What You Should Know About Methamphetamine

Methamphetamine, or "meth," is a potent and notably addictive stimulant drug that significantly affects the central nervous system. It falls under the amphetamine category and shares a chemical resemblance with amphetamine. Methamphetamine is available in various forms, such as:

  • A powdery white crystal.
  • Small crystalline pieces recognized as "crystal meth," and
  • Pills.

It can be consumed orally, inhaled through the nose, injected, or smoked. The ramifications of methamphetamine misuse are substantial and cannot be overlooked. This substance affects both physical and mental well-being, primarily because of its high propensity for addiction.

Some of the common phrases used to refer to methamphetamines include:

  • Meth.
  • Crystal.
  • Crystal meth.
  • Rock.
  • Speed.
  • Chalk.
  • Blow.
  • Ice.
  • Tina.
  • Crank.
  • Glass.

Meth is a controlled substance. Legally, a controlled substance is a chemical or drug whose production, use, and possession is subjected to regulation as per the Controlled Substances Act.

Usually, possessing meth is unlawful unless a legitimate prescription exists. However, there is an exemption for medical practitioners, including pharmacists, doctors, and veterinarians. They should possess these substances following the guidelines outlined in California's drug laws.

Owing to its availability and relatively modest cost, methamphetamine proves attractive to various individuals, ranging from addicts to youths experimenting with substances. Consequently, California aggressively prosecutes violations of drug laws, including HS 11377(a), in response to the actual and potential danger.

What Prosecutors Must Prove in a Methamphetamine Possession Case

A jury will likely find you guilty of possessing methamphetamines if the prosecutors prove their case beyond a reasonable doubt. It requires the prosecution to establish the following as accurate:

  1. You were in possession or had control of the methamphetamine. This could involve proving that you physically held, transported, or maintained the substance within your immediate control or reach.
  2. You knew or should have reasonably known that the substance in question is unmistakably methamphetamine or a controlled substance —This particular element can pose difficulties in terms of proof. It requires demonstrating your awareness of the inherent character of the drug.
  3. You had no valid prescription or other legally acceptable exceptions when you were found in possession of the methamphetamines. You could mount a viable defense if you had a legitimate prescription for the substance.
  4. The quantity of methamphetamine in your possession exceeded trace amounts. Prosecutors must show that the quantity was usable.

  • Possession

Possession is categorized into three categories, namely:

Actual Possession

Actual or physical possession refers to situations where an individual possesses direct, hands-on control over the methamphetamine. In cases of actual possession, the substance can be discovered on your person, amongst your personal effects, or within immediate reach. You possess tangible and immediate authority over the methamphetamines.

Constructive Possession

Constructive Possession, in contrast, involves control extending beyond physical proximity. It occurs when an individual possesses the capability and intent to control a substance, even if it is not physically present.

For instance, if methamphetamine is discovered in another person’s residence or vehicle, and they possess the means to access it, they could potentially be considered to be in a state of constructive possession.

Joint Possession

Joint Possession arises when two or more individuals jointly share control of or access to a controlled substance. This scenario is likely when multiple parties can control the methamphetamine, even if it is not in their immediate physical possession.

Proving joint possession is complex since it raises questions about who possessed the knowledge and intention to exercise control over the substance.

  • Knowledge

To establish a conviction under HSC 11377, prosecutors must establish two fundamental components:

  1. Awareness of the drug’s presence — The prosecutor needs to show that you were aware of the drug's presence.
  2. Awareness of the nature of controlled substances — Demonstrating that you understood the drug's identity as a controlled substance is imperative.

Should you lack knowledge of possessing methamphetamines or remain uninformed about their categorization as controlled substances, your actions would not violate HSC 11377.

For example, an individual is arrested while possessing a bag containing a crystalline substance resembling methamphetamine. Proving their awareness would require establishing that they either knew or should have reasonably known that the substance was potentially a controlled drug like methamphetamine.

Nevertheless, knowing precisely about a drug's name or its intricate chemical composition is not an essential precondition for establishing your guilt in a methamphetamine possession case. It suffices that you generally know it is classified as a controlled substance.

Usable Quantity

You do not violate Health and Safety Code 11377 unless you possess an amount of methamphetamine exceeding mere residue or traces. The quantity should be adequate for snorting, smoking, or swallowing.

The requirement is not about having an amount substantial enough to induce a high. Instead, the emphasis lies on having more than negligible substance traces or residues.

Possession of Methamphetamines and Possession of Methamphetamines for Sale

Simple or personal possession refers to holding methamphetamine for individual use. Law enforcement typically scrutinizes whether the quantity possessed aligns with personal use rather than distribution. The primary aim of this possession is not to sell or dispense the substance to others.

The penalties for simple possession, as outlined under HSC 11377, are generally less stringent than possession-for-sale charges.

On the contrary, possession for sale involves having a larger quantity of methamphetamines coupled to sell, distribute, or traffic the substance to others. This charge shows an intent to gain profit from drug sales.

In possession for sale cases under HS 11378, law enforcement and prosecutors assess various factors, including:

  • Quantity of meth — The quantity of crystal meth in your possession is essential. A smaller amount could make it more conceivable to convince the prosecutor, judge, or jury that the substances were meant for personal use. This could potentially lead to a charge of simple possession under HSC 11377.
  • Presence of drug paraphernalia — Discovery of drug paraphernalia like needles, pipes, or snorting straws by law enforcement could serve as evidence suggesting that the methamphetamine was intended for personal consumption.
  • Packaging of meth — How the methamphetamine was packaged carries implications. Owning several bindles or baggies could indicate a predisposition to sell. Conversely, possessing a solitary bindle, baggies, or container could make a case for an HS 11377 charge since it shows personal use.
  • Your statements — Should others have overheard your discussions about intending to sell the methamphetamine, your utterances could potentially serve to establish a breach of HS 11378. This would indicate possession to sell.

However, should you find yourself facing possession of methamphetamine charges with the alleged intent to sell, it is best to get in touch with the California Criminal Lawyer Group. Our Bakersfield team will negotiate with the prosecution to settle on a plea arrangement. This agreement will require you to plead guilty to HS 11377, simple possession. The potential sentences for possession for personal use are less severe than the consequences of possession for sale.

Moreover, simple possession often renders individuals suitable for drug diversion programs designed to facilitate rehabilitation, diverging from imposing stringent legal penalties.

Other Substances Health and Safety Code 11377 Addresses

Health and Safety Code 11377 involves a broader scope than merely possessing methamphetamine. It incorporates other stimulants, anabolic steroids, and substances commonly known as "party drugs." This section addresses offenses involving controlled substances previously categorized as restricted dangerous drugs. Its applicability spans beyond methamphetamine to include other substances.

For instance, HS 11377 is relevant to possessing substances like ecstasy, GHB, PCP, and ketamine. The consequences of simply having these substances resemble the penalties imposed for possessing methamphetamine.

Fighting Possession of Methamphetamine Charges

Our Bakersfield team will help you mount a viable defense based on the facts of your case. Here are some of the defense strategies applicable in a methamphetamine possession case:

  • Lack of Knowledge

If you genuinely had no awareness that the substance in your possession was methamphetamine or a controlled substance, this lack of knowledge could potentially function as a defense. You could argue that you lacked the necessary awareness or intention to possess an illicit substance. This defense strategy works when you present evidence that supports your authentic lack of awareness, including:

  1. Test results — Independent testing conclusively demonstrates that the substance in question was not methamphetamine or a controlled substance.
  2. Circumstantial evidence — Demonstrating that the substance was skillfully disguised or presented in a way that could feasibly lead to confusion regarding its true nature
  3. Mislabeling — Establishing through evidence that the substance was inaccurately labeled or falsely represented as something other than what it was.
  4. Unfamiliarity — Offering concrete evidence that underscores your inexperience or ignorance with illegal drugs and their physical appearance
  5. Third-party involvement — There is a need for evidence substantiating the involvement of another individual who had access to your possessions or the space where the substance was discovered. This raises the plausible scenario that you were unaware of its presence.

This defense strategy only works when you assemble compelling evidence, reliable witnesses, and sound legal arguments. All these collectively and convincingly demonstrate your genuine lack of knowledge about the true nature of the substance.

  • Lack of Possession

Contesting possession of the drug is an effective defense strategy. Should you lack physical control over the methamphetamine or constructive possession, you can challenge the charges using this defense. This strategy involves scrutinizing the fundamental aspect of possession necessary for the charge's validity.

Consider the following factors if you are contemplating using this defense strategy:

  1. Physical control — You must demonstrate that the methamphetamine was not in your immediate presence or within an area you could access.
  2. Unshared area — Establishing that the space where the methamphetamine was located was accessible to multiple individuals can cultivate ambiguity about who possessed the substance.
  3. Third-party Involvement — Offering evidence that another individual held control over the location or object containing the methamphetamine can challenge the notion that you were the possessor.
  4. Intent — Arguing that even if the substance was present, your intention wasn't to possess or control it can counter the prosecution's possession claim.
  5. Circumstantial factors — You could also present circumstances that cast doubt on your possession. Prosecutors will rely on surveillance footage and witness statements to establish your guilt. However, without these sources of evidence, there is an opening to challenge the case. Your attorney could cross-examine the witnesses or present video footage to dispute the prosecutor’s assertions.

  • You are a Victim of Entrapment

Entrapment can potentially serve as a valid defense in a methamphetamine possession case. However, its viability hinges on various factors. You should consider the following issues to gauge the applicability of an entrapment defense in your circumstances:

To substantiate an entrapment claim, you must establish that either law enforcement or informants induced you to commit the offense. Should substantial evidence underscore that you were manipulated, coerced, or influenced into possessing methamphetamine, this can significantly fortify your entrapment defense.

The effectiveness of entrapment defenses is often amplified when you can demonstrate your lack of predisposition to commit the offense. If you possess no history of drug-related engagement or prior criminal conduct, this can bolster your contention that you weren't naturally inclined to possess methamphetamine without external inducement.

If the entrapment defense is viable, the onus of proving that law enforcement coerced you into attempting to sell the methamphetamine rests on your shoulders. In entrapment defenses, the evidentiary standard is "preponderance of the evidence." This standard mandates that you establish that your narrative of events is more likely true than not.

This standard is a lower threshold than the prosecution’s "beyond reasonable doubt" standard. Essentially, "preponderance of the evidence" requires you to show that the probability of your account is accurate and exceeds the likelihood of it being false.

  • You Had a Valid Prescription

If you obtained methamphetamine through a valid prescription from a licensed medical professional, you can use the "valid prescription" defense. This approach aims to show that your possession of the substance was sanctioned and lawful, thereby challenging any allegations of illegal possession.

To effectively utilize the valid prescription defense, take into account the following considerations:

  1. Documentary evidence — Presenting the prescription alongside pertinent medical records can substantiate your assertion of legal possession. These documents should underscore the prescription's authenticity and the substance's medical necessity.
  2. Testimony from the prescribing physician — The testimony of the physician who prescribed the methamphetamine can play a pivotal role in establishing the legitimacy of your possession. Their professional expertise and affirmation of the prescription's validity can carry significant weight.
  3. Pharmacy records — Records from the pharmacy detailing dispensing the prescribed methamphetamine can serve as additional evidence bolstering your defense. These records can corroborate that you acquired the substance through authorized channels.
  4. Adherence to dosage and instructions — Demonstrating your compliance to the prescribed dosage and usage instructions further reinforces the lawfulness of your possession. This underscores your responsible and authorized use of the medication.

Using this defense requires a systematic approach. Any inaccuracies or gaps in documentation could undermine its effectiveness.

  • Unlawful Search and Seizure

Challenging the validity of a search and seizure that led to obtaining the methamphetamine can be an ideal strategy. By invoking this defense, you aim to contest the legality of the evidence against you, asserting that your Fourth Amendment rights were violated during the acquisition of the evidence.

To effectively leverage this defense, consider the subsequent aspects:

  1. Fourth Amendment breach — Make a case that law enforcement conducted the search or seizure without a legally valid warrant, probable cause, or any exception that would justify a warrantless action.
  2. Exclusionary principle — Assert that any evidence procured due to the illicit search and seizure must be barred from the trial. The exclusionary principle mandates that evidence collected in violation of constitutional rights is inadmissible in court.
  3. Fruit of the poisonous tree doctrine — If evidence secured through the initial illegal search contributed to the discovery of the methamphetamine, you could argue that the initial Fourth Amendment breach taints the entire case. This renders subsequent evidence also inadmissible.
  4. Validity of the search warrant — If a search warrant was part of the process, challenge its legitimacy by highlighting that it was granted without adequate probable cause. You could argue that it was broad or lacked essential specifics.

Penalties if Convicted of Possessing Methamphetamine

A violation of HSC 11377 is a misdemeanor. You will face the following penalties if convicted:

  • A jail sentence of up to one year.
  • A maximum fine of $1,000.

The violation of the HSC 11377 sentence increases if you have a prior conviction for serious or violent felonies, including:

  • Sex crimes against minors below 14 years.
  • Rape or other sexually violent crime.
  • A sex crime that imposes a sex offender registration requirement.
  • gross vehicular manslaughter while intoxicated.

The potential penalties include:

  • A jail sentence of 16 months, 2, or 3 years.

If you are found in possession of more than one kilogram of meth and subsequently convicted, you will face a further 3 to 15 years in prison. The prosecution does not need to prove that you intended to sell the methamphetamine.

Eligibility for a Drug Diversion Program

Should you find yourself confronted with a violation of 11377 HS, it is plausible that you would be considered a candidate for drug diversion, an alternative to imprisonment, based on specific criteria:

  • First- or second-time non-violent offender — Eligibility could extend to individuals with no prior convictions for serious offenses, serving as first- or second-time non-violent offenders.
  • Personal use — You could qualify if the methamphetamine in your possession was exclusively intended for your personal consumption.

Drug diversion presents an alternative sentencing avenue that permits individuals grappling with substance abuse to access targeted drug treatment rather than undergoing incarceration.

In California, three principal drug diversion programs have been established:

  • Proposition 36 — This program directs non-violent drug offenders to partake in drug treatment initiatives rather than serving time in jail.
  • Penal Code 1000 — This law extends to eligible individuals charged with basic drug possession offenses. It offers the opportunity to undergo drug treatment instead of facing criminal prosecution.
  • California drug court — It is a specialized court dedicated to addressing drug-related offenses through comprehensive treatment and rehabilitation strategies.

Drug diversion is generally unavailable if you are convicted of selling methamphetamine under HS 11379 or possessing methamphetamine for sale under Health and Safety Code 11378. However, if you plead guilty to simple possession, within the provisions of the plea negotiations, you could potentially retain your eligibility for drug rehabilitation or diversion.

Offenses Related to Possession of Methamphetamines

  • Selling or transporting — A violation of Health and Safety Code 11379.
  • Driving under the influence of meth — A crime under Vehicle Code 23152(f).

Contact a Criminal Defense Attorney Near Me

When facing charges related to methamphetamine possession, contact a Bakersfield criminal defense attorney immediately. An experienced attorney can offer personalized guidance and legal representation that considers your case's unique circumstances.

At the California Criminal Lawyer Group, our attorneys have a strong background in handling cases related to drug offenses. We will assist you in exploring potential defense strategies, maneuvering through the complexities of legal proceedings, and striving to attain the most favorable outcome possible for your situation.

Our deep understanding of drug-related offenses, a proven track record of successful defense approaches, and a comprehensive grasp of the local legal landscape and court protocols enable us to adequately represent our clients. Give us a call today at 661-750-8230 for a free case evaluation.