Los Angeles Methamphetamine Possession Attorney
Methamphetamine and “crystal meth” are a huge growing problem in California. State lawmakers have reacted by passing a wave of legislation to enact harsher penalties. Recently, police have been aggressively pursuing people engaged in crimes related to crystal meth manufacturing and sales.
Methamphetamine drug crime cases that involve criminal offenses such as manufacturing, distribution, trafficking, and possession with intent to distribute are normally prosecuted as felony drug crimes.
The amount of methamphetamine possessed is a major factor used by prosecutors in determining the severity of the drug charges.
Any conviction in a methamphetamine drug case can result in severe penalties that could significantly impact your life for many years.
This includes long prison sentences in a California state prison and large fines. Drug crime enhancements such as the involvement of juveniles, distribution of methamphetamine near a school, or use of weapons will usually result in even harsher sentencing.
If you have been accused of certain California drug crimes, it might be possible to avoid a jail or prison sentence through a drug diversion program, commonly known as deferred entry of judgment. This program allows first-time offenders to undergo drug treatment and education instead of serving a jail or prison sentence. Successful completion of the program can result in the dismissal of your charges.
According to California Health and Safety Code 11355 HS, it is unlawful to agree to sell, provide, transport, administer, or give a controlled substance and then deliver a fake, substitute, or imitation drug instead.
California Penal Code 4573.5 prohibits bringing or possessing drugs or alcohol inside a jail or prison, sending or attempting to send controlled substances into a correctional facility, and knowingly transporting contraband into detention centers.
Common Methamphetamine Charges
There are different levels of methamphetamine possession under California Health and Safety Code 11377.
Simple possession of meth is a felony drug crime charge reserved for small amounts of methamphetamine, which is considered a Schedule II narcotic. Methamphetamine possession comes with limited sentencing options, including confinement for not more than one year in a county jail or state prison.
If this is your first drug crime conviction, there is a possibility that you may not serve any jail time. Simple possession of methamphetamine is the most lenient charge you can reduce.
If you are facing drug crime charges for methamphetamine possession for sale, your criminal matter becomes more serious. The amount of methamphetamine matters greatly in these types of drug offenses.
However, there is an important element required in these types of charges. The police and the prosecutors must prove your intent to sell the drugs, which can be difficult in some cases. if you are convicted of methamphetamine possession for sale, you could be facing up to three years in state prison.
Methamphetamine manufacturing is a serious drug offense in California. Due to a resurgence of meth addiction, state legislators have cracked down as a result.
Meth Manufacturing is defined under California law in broad terms, including the criminalization of pseudoephedrine with the intent to manufacture methamphetamine. This means that the police are now paying attention to the ingredients of methamphetamine and not just the drug itself.
Penalties for possession of meth chemicals can range from three to seven years in state prison and fines all the way up to $50,000.
What Does HS 11377 Say?
California Health and Safety Code 11377 HS says, "(a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.
(b) The judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a), with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
(c) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply:
(1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.
(2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance lawfully.
(d) This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription."
Contact Us for Help
In California, possession of a controlled substance, such as a usable amount of heroin, cocaine, meth, or prescription drugs without a valid prescription, is illegal.
The criminal lawyers at Cron, Israels & Stark are experienced in fighting against the harsher penalties for methamphetamine. We have a deep understanding of the legal system, enabling us to identify errors in police protocol, pinpoint weak evidence, and advocate for leniency in court.
We are committed to providing our clients with the best drug crime criminal defense representation available. We understand your future is at stake and will clearly explain all your best legal options.
Our drug crime lawyers have extensive trial experience and will aggressively attack the prosecution's case on your behalf. If you have been charged with a methamphetamine crime, call us to speak about what the charges mean and how best to mount an effective defense.