California Laws on Possession of Methamphetamine – HS 11377

Arrested for Meth Possession? Speak with a Lawyer Immediately

Facing a charge for the possession of methamphetamine can upend your life overnight. Under the California Health and Safety Code Section 11377 for simple possession and Section 11379 for sales or transport—possessing meth without a valid prescription is a serious criminal offense. These statutes classify meth as a controlled substance, making it illegal to possess, use, or possess methamphetamines with an intent to sell. If law enforcement finds even a gram of crystal meth, you risk arrest, booking, and immediate exposure to either a misdemeanor or a felony filing.

Our team understands how quickly a small baggie can transform into a daunting case. We’re here to break down the law, highlight viable defense angles, and—most importantly—fight for the best possible outcome.

Police often rely on surprise traffic stops, knocks at inconvenient hours, or workplace tips to make a meth-related arrest. The first rule after cuffs click: say nothing about where the substance came from or why you have it. Let an experienced criminal defense attorney step in before detectives twist your words into “proof.” Immediate counsel keeps you from making statements that undermine your defense strategy, especially if the amount is small or an illegal search occurred.

Ready to speak with a possession of methamphetamine lawyer? Contact us now at (888) 702-8845 or contact us online.

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Evidence of Meth Possession

To convict, a prosecutor must establish four elements beyond a reasonable doubt:

You knowingly possessed the controlled substance (either actual possession on your person or constructive possession—e.g., in your glove box).
The item is, in fact, methamphetamine without any lawful prescription.
You were aware of the substance’s presence and nature.
The quantity was usable, no matter how tiny a gram may seem.
They often rely on:

Field-test kits confirming meth.
Lab confirmations.
Officer testimony about glass pipes, baggies, or scales implying possession with intent to sell.
Texts that reference “ice” or “G.”

Your attorney can challenge every link in this chain, questioning lab reliability, chain-of-custody gaps, or asserting the drugs belonged to someone else.

Penalties for Meth Possession in California

Because 11366 HS cases can wobble, penalties vary widely. A first-time offense that involves simple possession of methamphetamine often carries:

Up to one year in county jail (a misdemeanor sentence).
A penalty up to $1,000.
Mandatory drug-education program or substance abuse counseling.

However, if you have prior felony drug records, the same charge may be filed as a state-prison sentence: 16 months, two years, or three years. Judges can also revoke diversion privileges—meaning you lose the chance for treatment in lieu of custody—and even deny professional licenses.

Repeat offenders or those caught with packaging, pay–owe sheets, or scales face years in prison under Health and Safety Code section 11379. Anyone on parole or probation who’s busted again for meth can face a parole hold plus a fresh criminal count.

Defenses to Possession of Methamphetamine

Every case is unique, but strong defenses include:

Illegal Search – If officers lacked probable cause or a proper warrant, your lawyer can move to suppress the meth under the Fourth Amendment. No drugs, no crime.
No Knowledge / No Control – Maybe you borrowed a friend’s car, and drugs were hidden in the console. Without proof you knowingly maintained control over the baggie, a jury can’t convict.
Valid Prescription or Lab Error – Very rare for meth, but sometimes ADHD medications are mistaken during quick field tests. Challenging the lab is vital.
Personal Use vs. Intent to Sell – We argue that your small amount and lack of cash or weapons show personal use, not “possession with intent.” That can trim a felony to a misdemeanor.
Diversion Eligibility – California’s drug courts allow many first-time defendants to enter treatment. Satisfy the court, and your criminal record may be wiped.

Is Meth Legal in California?

No. As a Schedule II controlled substance under both California statutes and the federal Controlled Substances Act, meth is illegal to possess, manufacture, sell or distribute without a valid prescription—and no physician in California can legally prescribe street meth. Only tightly regulated pharmaceutical stimulants with similar chemistry are lawful.

Contact a California Drug Defense Lawyer Today

A meth arrest doesn’t have to become a life-ruining conviction. Our firm has navigated hundreds of criminal offenses involving controlled substances across Los Angeles, Orange, and Riverside counties. We know how to poke holes in shaky evidence, negotiate for reduced charges, or secure a complete dismissal.

When you hire us, you gain:

A team skilled at challenging both search and seizure errors and lab mistakes.
Aggressive motion practice aimed at limiting what the jury hears.
A track record of persuading courts to assign rehab instead of jail.
Honest advice about the odds of diversion, plea bargains, or trial wins.

Give yourself a fighting chance. Call for a free consultation, and let’s map out a defense that protects your freedom, career, and future.