Possession for sale of methamphetamine in California is one of the most common types of drug-related charges in the state, and one of the most serious ones. Unlike simple drug possession offenses, 11378 HS (possession with intent to sell) is usually considered a felony that comes with serious consequences, like imprisonment, fines, and a long-lasting criminal record.To fight the Health and Safety Code 11378 accusations, you need an experienced and qualified criminal defense attorney who knows the ins and outs of California law. That is exactly what My Rights Law is. We understand how such cases are prosecuted and how the evidence can be challenged to achieve the best results and protect your rights. A conviction under HS 11378 CA can cause jail time, fines, and even lead to deportation for non-citizens. But with the right legal team, there are options for the client, including possible diversion, dismissal, or sentence reductions.
According to California Health and Safety Code 11378, possessing methamphetamine with the intent to sell it is considered a serious drug crime, and a more severe one than simple possession for personal use.
Under Health and Safety Code Section 11378, it is illegal to:
The key thing to understand is that safety code § 11378 HS does not require proof that a transaction occurred—only that you possessed meth with intent to sell.
Getting charged with possession of meth for sale often happens even when no transaction occurred, and the amount of the drug isn't particularly large.Prosecutors may still claim intent to sell based on:
Even if you're facing HS 11378 prosecution charges without a large supply of drugs, these indicators are used as evidence of intent to sell methamphetamine.
Simple possession under Health & Safety Code 11377 refers to controlled substances intended solely for personal use and is often charged as a misdemeanor. In contrast, 11378 HS convictions involve proof of methamphetamine for sale in California, and the law makes it a felony crime, making most defendants not eligible for drug diversion or alternative sentencing programs.
In many cases, the police don't follow the Fourth Amendment during the arrest, meaning that the majority of such arrests fall into the category of illegal search and seizure. Any search without a warrant or valid consent can be proven unfounded, allowing your criminal defense attorney to get the evidence suppressed. Also, don't forget about your right to remain silent and talk to your attorney first. Any statements you made while being pressured or coerced can and will be challenged in court. Protecting your constitutional rights is often the first step in building a strong defense.
A conviction for violation of Health and Safety Code 11378 is always a felony. According to the California penal code, the potential sentence includes:
Your prison sentence may be longer if the meth was transported across county lines, sold near schools, or involved firearms. If you have prior convictions, penalties can be even more severe.
No two cases are the same. A skilled criminal defense attorney will assess every detail of your situation. Some effective defense strategies against criminal charges under HS 11378 include:
Sometimes, what seems like intent to distribute is just a case of possessing meth in a bad situation. Our firm has experience uncovering these misunderstandings and helping clients avoid wrongful 11378 HS convictions.
If you're charged with possession of methamphetamine under Health and Safety Code 11378, you cannot afford to take chances. You need a criminal defense lawyer who goes beyond paperwork the one who will defend you.At My Rights Law, we don't just handle drug charges; we fight to restore our clients' dignity and protect their futures. Whether you've been convicted of possession, are facing charges under HS 11378, or need a second opinion on a plea deal, we're here to help.Whether your case was 11378 retrieved in Los Angeles or anywhere else in California, we're ready, contact us today for a free consultation and let our experienced criminal defense attorneys defend your rights under California Health and Safety Code § 11378.
This page was written by the My Rights Law Editorial Team and reviewed for legal accuracy by Bobby Shamuilian.
Attorney Shamuilian is the founder and managing partner of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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