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Possession of Methamphetamine

Garcia Law Group > Possession of Methamphetamine

Possession of Methamphetamine in California Health & Safety Code § 11377(a) HS


In California, possession of methamphetamine is considered a serious offense under Health & Safety Code § 11377(a) HS that can be a felony or a misdemeanor. This law criminalizes the possession of methamphetamine, a powerful stimulant drug that is highly addictive and poses significant risks to public health and safety. The state takes a strong stance against drug abuse and trafficking, and those who are caught with methamphetamine face severe legal consequences.


In this article, we will explore the specifics of Health & Safety Code § 11377(a) HS, including the penalties for possession of methamphetamine, the elements that must be proven for a conviction, and the potential defenses that may be available to defendants. We will also examine the broader context of methamphetamine use in California and the efforts being made to combat the drug epidemic.


What is Methamphetamine?


Methamphetamine, also known as “meth,” is a powerful stimulant drug that affects the central nervous system. It is a highly addictive substance that can lead to a range of physical and mental health problems, including heart disease, stroke, psychosis, and addiction. Methamphetamine is typically smoked, injected, snorted, or swallowed, and it produces a rush of euphoria and energy that can last for hours.


Methamphetamine is a Schedule II controlled substance under the federal Controlled Substances Act, which means that it has a high potential for abuse and a currently accepted medical use with severe restrictions. It is illegal to possess, manufacture, distribute, or dispense methamphetamine without a valid prescription from a licensed medical practitioner.


What is Health & Safety Code § 11377(a) HS?


Health & Safety Code § 11377(a) HS is a California law that makes it illegal to possess methamphetamine without a valid prescription. Specifically, the law states that “every person who possesses any controlled substance…shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.”


The law applies to all forms of methamphetamine, including its salts, isomers, and salts of isomers. It also applies to mixtures or compounds that contain methamphetamine, even if the drug is not the primary active ingredient. For example, a person who possesses a pill that contains both methamphetamine and another drug may be charged with possession of methamphetamine under Health & Safety Code § 11377(a) HS.


What are the Penalties for Possession of Methamphetamine in California?


The penalties for possession of methamphetamine in California vary depending on the specific circumstances of the case, including the amount of the drug involved, the defendant’s criminal history, and any aggravating or mitigating factors.


For a first-time offense of simple possession of methamphetamine, the maximum penalty is one year in county jail. However, judges may also impose probation, community service, drug treatment, or other alternative sentences, depending on the defendant’s individual circumstances.


For subsequent offenses, the penalties become more severe. A second conviction for possession of methamphetamine is punishable by up to one year in county jail or up to three years in state prison. A third or subsequent conviction is punishable by up to one year in county jail or up to four years in state prison.


In addition to these criminal penalties, a conviction for possession of methamphetamine can also have long-term consequences for a person’s personal and professional life. A criminal record can make it difficult to obtain employment, housing, or educational opportunities, and it can also lead to immigration consequences for non-citizens.


What Must Be Proven for a Conviction Under Health & Safety Code § 11377(a) HS?


To obtain a conviction for possession of methamphetamine under Health & Safety Code § 11377(a) HS, the prosecution must prove the following elements beyond a reasonable doubt[1]:


1. The defendant possessed a controlled substance;


2. The controlled substance possessed was methamphetamine; and


3. The defendant knew of the presence of the methamphetamine and knew of its nature or character as a controlled substance.




Possession of methamphetamine can be either actual or constructive. Actual possession means that the defendant had physical control over the drug, such as by holding it or carrying it in their pocket. Constructive possession means that the defendant had the ability and intent to exercise control over the drug, even if it was not physically on their person. For example, if methamphetamine is found in a car that the defendant was driving, they may be charged with constructive possession.


Methamphetamine (usable amount)


The prosecution must also prove that the methamphetamine was in a usable amount, meaning that it was enough of the drug to be used for its intended purpose. This requirement is important because it distinguishes between possession for personal use and possession with intent to distribute, which is a more serious offense.





Finally, the prosecution must prove that the defendant knew of the presence of the methamphetamine and knew that it was a controlled substance. This element can be difficult to prove, especially in cases where the drug was found in a shared space or in a situation where multiple people had access to it.


What Defenses May Be Available to Defendants?


There are several potential defenses that may be available to defendants who are charged with possession of methamphetamine under Health & Safety Code § 11377(a) HS. These defenses may include:


1. Lack of knowledge: If the defendant did not know that the substance they possessed was methamphetamine, they may be able to argue that they lacked the necessary intent to commit the crime.


2. Illegal search and seizure: If the methamphetamine was found as a result of an illegal search or seizure by law enforcement, it may be possible to have the evidence suppressed and the charges dismissed.


3. Medical necessity: If the defendant possessed methamphetamine for a valid medical purpose, such as with a valid prescription, they may be able to argue that their possession was lawful.


4. Entrapment: If law enforcement coerced or encouraged the defendant to possess methamphetamine, they may be able to argue that they were entrapped and therefore not criminally responsible for their actions.


It is important to note that each case is unique, and the availability of these defenses will depend on the specific facts and circumstances of the case.


Other Consequences for a Conviction of HS 11377(a) Possession of Methamphetamine


A conviction for possession of methamphetamine can be a felony or a misdemeanor in California. A conviction can mean negative consequences regarding employment, housing, student loans, professional licensing, and immigration relief among others. It is very important for you to speak with an attorney to consider the collateral consequences for a conviction of HS 11377(a).


The Broader Context of Methamphetamine Use in California


The possession of methamphetamine in California is not just a legal issue, it is also a public health issue. Methamphetamine use can have serious and long-lasting consequences for individuals and communities, including increased rates of addiction, overdoses, and criminal activity.


According to the California Department of Public Health, methamphetamine use has been on the rise in recent years. In 2019, there were over 10,000 hospitalizations related to methamphetamine use in California, and over 3,000 deaths. Methamphetamine is also a major driver of crime, particularly property crimes such as theft and burglary, which are often committed by individuals who are seeking money to purchase the drug.


To address the methamphetamine epidemic in California, law enforcement and public health officials have implemented a range of strategies, including:


1. Prevention: Public education campaigns and community outreach programs are designed to raise awareness about the dangers of methamphetamine use and encourage individuals to seek help for addiction.


2. Treatment: Drug treatment programs, including medication-assisted treatment, counseling, and behavioral therapy, can help individuals overcome addiction and reduce their risk of overdose.


3. Law enforcement: Police and other law enforcement agencies are working to disrupt methamphetamine trafficking networks and target individuals who are involved in the production and distribution of the drug.


4. Policy reform: Some advocates have called for changes to drug policy, including the decriminalization of drug use and the establishment of safe injection sites , which are facilities where individuals can use drugs under medical supervision.


While these strategies are important, they are not without controversy. Critics of law enforcement approaches argue that they can lead to racial profiling and disproportionately affect marginalized communities. Others argue that drug treatment programs are underfunded and inaccessible to many individuals who need them. Still others contend that policy reform is necessary to address the root causes of drug addiction and to reduce the harm caused by drug use.




The possession of methamphetamine is a serious crime in California, and those who are convicted can face significant legal consequences. However, it is important to remember that drug use and addiction are complex issues that require a multifaceted response. While law enforcement has a role to play in addressing the methamphetamine epidemic, so too do public health officials, policymakers, and community members.


Ultimately, the goal should be to reduce the harm caused by drug use and addiction, while also addressing the underlying social and economic factors that contribute to drug use in the first place. By working together and adopting a harm reduction approach, it may be possible to mitigate the negative effects of methamphetamine use and help individuals and communities affected by addiction to heal and recover.



Were you arrested for a drug crime? There are many defenses available to a drug charge. Each case is unique. Call Garcia Law Group NOW and schedule your FREE & CONFIDENTIAL CONSULTATION! 323-419-5175


By Joel Garcia, Esq.


Related Crimes

Manufacturing a Controlled Substance H&S 11379.6

Sale and Transportation of a Controlled Substance – Violations of Code HS 11352

Possession of a Controlled Substance  HS 11350

Possession of a Controlled Substance for Sales HS 11351(a)


[1] One case example of Health & Safety Code § 11377(a) is the case of People v. Valdez (2018) 26 Cal.App.5th 1106. In this case, the defendant was found in possession of methamphetamine during a traffic stop. The methamphetamine was discovered in a container in the center console of the defendant’s car.


The defendant argued that he did not have actual or constructive possession of the methamphetamine because he did not know it was in his car. However, the court rejected this argument and held that the prosecution only needed to prove that the defendant had knowledge of the presence of the methamphetamine, not that he knew the precise location of the drug.


The court also rejected the defendant’s argument that the methamphetamine was not in a usable amount. The defendant claimed that the methamphetamine was not in a usable amount because it was in a container with other items, such as loose change and receipts. However, the court held that the methamphetamine was in a usable amount because it was still readily accessible and could be used for its intended purpose.


Ultimately, the court found the defendant guilty of possession of methamphetamine under Health & Safety Code § 11377(a) and affirmed his conviction. This case illustrates the importance of knowledge and control in a possession case, as well as the requirement that the drug be in a usable amount.

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