According to Health and Safety Code 11378, Possessing meth for sale is a significant drug offense in California. Under this law, it is an offense to possess controlled substances, especially meth, with the intent of selling or distributing them. Violating HSC 11378 could pose a severe threat to your freedom. A conviction could attract a lengthy jail term, probation, hefty fines, and a permanent criminal record. The consequences of the sentence could affect every aspect of your life, from job prospects to accessing education and housing. You should hire a skilled criminal defense attorney if you are accused of violating HSC 11378. Do not wait too long before you contact an attorney. Instead, find an attorney immediately after you learn of the charges against you.

Understanding Methamphetamine

Meth is categorized as a Schedule II controlled substance. It is regulated under the U.S. Controlled Substance Act. Meth was first developed in the 20th century from a drug known as amphetamine. However, meth is more potent and could have the following effects on you:

  • Euphoria when it gets into your brain in high doses.
  • Talkativeness.
  • Loss of appetite.

When prescribed by a doctor, it is medically used to treat conditions like ADHD and obesity. You could, however, face criminal charges if you are in possession of meth without a valid prescription.

Typically, meth is a stimulant that speeds up your brain and body, enhancing the level of activity. Meth is often packed in the form of crystal rock, powder, or pills. Most people who take it do it by inhaling it in toxic gas form, swallowing, injecting, or smoking. Meth is also affordable and readily available. This makes it attractive to many people, including minors. California law enforcement agencies have become more aggressive in prosecuting perpetrators because of the increased abuse of meth.

The Elements Health And Safety Code 11378

It is an offense under HSC 11378 to possess meth with the intent to sell. Judges often charge this crime as a straight felony, which cannot be reduced to a lesser crime. The prosecutor must prove certain elements beyond a reasonable doubt for you to be convicted of possessing meth for sale. Some of the elements of the crime include:

Unlawful Possession Of Meth

The prosecutor must provide evidence showing that you unlawfully and intentionally possessed meth.

Intention Of Selling The Controlled Substance

It must be evident that you had the intention of selling meth or assisting another person to sell it.

Being Aware Of The Drug’s Presence

You must have been conscious of the presence of meth.

Being Aware Of The Drug’s Nature

The prosecutor must provide evidence that you knew about the nature of meth as a controlled substance.

Useable Quantity

The meth you possessed must have been of a usable amount.

Selling involves exchanging meth or other unlawful substances for services, money, or another valuable item. ‘’Usable amount’’ means that the quantity is enough for use. You must have enough meth on your person for use for you to be convicted under HSC 11378. This does not mean possessing a significant amount of meth that can make someone high. Instead, the substance should be in a quantity that can be swallowed, snorted, or smoked.

HSC 11378 requires proof of knowledge of the unlawful drug. You cannot face charges if you thought the drug was Tylenol, but it turned out to be meth. HSC 11378 does not only cover meth. It also covers party drugs, stimulants, and illegal steroids, among others.

Being in contact with or having physical possession of meth is not necessary for the charges to apply. It is sufficient if you have control over the drug. Possession of meth could be demonstrated in the following ways:

Actual Possession

This means the meth was discovered on your person, like in your pockets or hands.

Constructive Possession

This means meth was discovered in an area that is under your control, like a car or home, but not physically on you.

Joint Possession

In this case, you could share access to or control of the controlled substance with several people.

You cannot violate HSC 11378 if you work as a medical practitioner and you sell meth in compliance with the laws of California and the federal government.

HSC 11378 And HSC 11377

HSC 11378 is different from HSC 11377, which is simple possession. Several factors determine whether a violation of HSC 11378 is different from a violation of 11377. Some of the factors include:

  • Paraphernalia showing drug use.
  • Amount of money found.
  • Any allegation made to the authorities showing an intention to sell.

HSC 11377 covers the simple act of possessing meth without any other requirements. According to HSC 11378, the prosecutor does not need to prove that you sold meth. The prosecutor only needs to prove that you had meth with the intent to sell it. Generally, the prosecutor could hire a drug expert to prove that the following are indications of a sale:

  • Pay-owe records.
  • Controlled purchase using a private informant.
  • Text messages proving previous transactions.
  • A large amount of the substance.
  • Digital weighing scales.
  • Large amounts of cash.

Penalties For Possession Of Meth For Sale

You could face the following penalties if you are guilty of violating HSC 11378:

  • Felony probation.
  • A fine that does not exceed $10,000.
  • A jail term of 16 months to three years in a state prison.

You would not qualify for a drug diversion program if you are guilty under HSC 11378. Several sentencing modifications could apply along with the above penalties. However, this will depend on certain aggravating elements, including:

  • If you committed the crime within 1000 feet of a drug rehabilitation center or a shelter for the homeless, you could face an additional one-year jail term.
  • You could face an extra three to 15 years jail term in state prison if you possess over a kilo of meth.
  • You could face an additional jail term of three, six, or nine years if you employed an underage person to distribute the substance.
  • You could face additional penalties under PC 272 if you used a child to assist with drug transactions.

Violation of HSC could lead to inadmissibility, moral turpitude charges, and deportation, depending on your immigration status and the facts of your charges. This could happen, especially if the judge sentences you to prison or jail.

It is recommended that you hire an attorney to help you understand the immigration consequences of HSC 11378. Your criminal defense attorney can represent you or recommend an immigration attorney if you need one.

Defenses To HSC 11378 Charges

If you are charged with a drug offense under HSC 11378, you could file several legal defenses, including:

Meth Was For Personal Use

The law enforcement officer could have mistakenly thought that you intended to sell the substances in your possession, while, in the real sense, meth was for personal use. This could be true if you had more drugs under your control than were necessary for personal use. The judge could reduce your charges to a more lenient charge under HSC 11377 if you admit to possessing excess meth for personal use. You could then qualify for probation or drug diversion instead of incarceration.

You Only Had Temporary Possession Of Meth

You can claim that you only possessed meth for a short period. However, you must prove that your possession of meth was temporary. You could argue that you intended to dispose of it and did not intend to sell it.

You Are A Victim Of Illegal Search And Seizure

The police must have a legal warrant to conduct searches and seizures legally. They can do without one if they have a valid legal reason for not securing one. The best defense against HSC 11378 charges is to challenge the legality of the search and seizure. Your attorney could claim that the evidence presented must be suppressed if the police obtained it unlawfully. An attorney can also allege that the police infringed on your 4th Amendment rights against unwarranted searches and seizures.

Law enforcement must first secure a valid search warrant from the judge. The warrant establishes probable cause before the police can search you.

However, the police can search your person, vehicle, or premises without a warrant under certain circumstances. The following are exceptions to this law:

  • When meth is discovered during a search that leads to the arrest.
  • When the evidence is in plain sight of the police.
  • It can also apply under the Gant exception for checking the compartment of a passenger vehicle.

Most searches are without a warrant and can be upheld in court. It is important to review the specifics of your case to determine if valid arguments exist that could lead to a favorable outcome. You could consult an experienced criminal defense attorney who can assess your case and file a motion to suppress any inadmissible evidence.

You Did Not Possess Meth

Possession of meth is a crucial element for a conviction under HSC 11378. Possession also has varying legal meanings under different laws. Your attorney could demonstrate that you did not possess meth.

You Had No Intention Of Selling Meth

The element of intent must be proven under HSC 11378 before you can be convicted of possessing meth for sale. You could be charged with a less severe crime of simple possession of meth under HSC 11377 if you were only in possession of meth for your personal use. Your attorney could also plead with the judge to reduce your possession for sale charge to a simple drug possession charge. This could make it easier for you to enroll in the drug diversion program. Simple drug possession convictions attract lesser penalties because your case could be reduced to a misdemeanor. In this case, you could serve a jail sentence in a county jail instead of a state prison. The success of this defense will be determined by the following:

  • The presence of drug-related paraphernalia, like scales and baggies.
  • The presence of substantial sums of money.
  • The amount of meth present.

Coerced Confession

Under California law, law enforcement should not violate the Fourth Amendment while interrogating you. Your attorney could successfully have the court suppress the gathered evidence if the police violated your rights. Your case could be dismissed if the officer in your case used overbearing techniques to force a confession out of you regarding meth possession for sale.

Police Entrapment

It is legal for law enforcement to go undercover and request that you buy or sell controlled substances. Therefore, if the law enforcement in your case excessively pressured you, they would have illegally entrapped you.

You Lacked Knowledge Of The Drug’s Presence Or Nature

If you had knowledge that you had meth, you could be guilty of possessing meth for sale. Sometimes, the prosecutor could accuse you of possessing meth for sale when you are unaware of its presence on your person or property. For example, another person could place a sizable amount of meth in your backpack or car without your knowledge. The judge could dismiss your charges if that is true.

Under HSC 11378, you can only be guilty if you are aware of the nature of the substances in your possession. You will not be guilty under this law if someone gives you substances to sell, but you do not know what you are selling.

Meth Belonged To You And Your Friends

You can buy meth in more significant amounts than you need for personal use if you plan to share it with your friends. If law enforcement comes across it, they will believe that you intend to sell meth, hence the larger quantity than necessary for personal use. However, you could defend yourself by claiming that meth was only for personal use for you and your friends. The court could dismiss your case if the prosecutor fails to prove your intent to sell meth beyond a reasonable doubt.

Meth Was For Medical Use

You could be charged with possession of meth for sale because you had more drugs than needed for personal use. You could use this defense if you had meth because you are taking care of a patient who needs meth for medical purposes. People who use meth for medical purposes require it in considerable amounts. The judge could dismiss your charges if you can prove your case.

Why The Law Enforcement Officers Are Aggressive In Prosecuting The Possession Of Meth For Sale

The following are some of the reasons behind the aggressive prosecution of possession of meth for sale:

Meth Is Highly Addictive

You cannot become addicted to meth after a single use. However, it is easy to become addicted to meth after a short period because meth quickly and drastically enhances a person's mood. When you use meth, high levels of the neurotransmitter dopamine are released into your brain. Your body's natural supply of dopamine is reduced with each subsequent use, leaving you feeling depressed and ''flat.” You are likely to seek another dose of meth to feel better. Unlike cocaine, which metabolizes completely in the body and is then removed quickly, meth provides a longer-lasting high. Larger quantities of meth also remain in the body. Meth could stay in the brain longer, leading to higher rates of addiction.

Meth Can Be Dangerous

Meth can be manufactured from chemicals like antifreeze, lye, drain cleaner, battery acid, and other toxic substances. You are, therefore, more likely to require emergency medical attention if you use meth than a person that uses other drugs. Using meth for an extended period could cause delusions and paranoia that can last for months or years after you have stopped using it. Meth byproducts destroy the environment.

Meth Is  Still A Problem Even If Pseudoephedrine Was Tightly Regulated In 2005

People still access meth even if the ingredients required to make it are not readily available in the United States. People still secure meth from Mexico in large quantities. The current meth is more potent than the one used 15 years ago. It is also cheaper and offers a longer-lasting high than cocaine.

Meth Labs Are Still A Problem In The United States, Even If Most Meth Is Smuggled From Mexico

A lot of meth is smuggled from Mexico, but a few individuals still make it throughout the United States. Meth labs can easily be moved, stored, and dismantled. This portability enables most people involved in making meth to escape detection by the police. Meth labs can be located in many areas, including trucks, vans, rented storage spaces, hotel rooms, and apartments. Some lab operators are often well-armed, and meth labs have been booby-trapped.

Meth Hurts Even People Who Do Not Use It

The use of meth affects society at large. People who use meth are more likely to commit crimes because it causes delusional thinking and a greater willingness to take risks. The use of meth results in most domestic violence cases. Parents who use meth abuse and neglect their children. When meth comes into a neighborhood, property values decline, and criminal activity escalates.

Find A Criminal Defense Attorney Near Me

If you or your loved one is under investigation for the possession of meth for sale, you need to act first. Do not try to face the prosecutor alone without the help of an experienced attorney. Given the seriousness of the offense, you are better off with an aggressive attorney by your side. At The LA Criminal Defense Law Firm, we have experienced attorneys who can help you create a solid defense to fight your charges. Contact us at 310-935-1675 to speak to one of our attorneys.