Methamphetamine is one of the most dangerous controlled substances under the Controlled Substances Act. As a Schedule II drug, it has a high potential for abuse. Although it is accepted for its medicinal benefits, its prescription is minimal because of its high potential for addiction and abuse. This makes its use, sale, and distribution highly regulated in California. Illegal possession of methamphetamine is a serious offense that can result in a lengthy prison sentence and a hefty fine if you are found guilty.
If you are facing such charges in Los Angeles today, our competent lawyers at CCLG: Los Angeles Criminal Attorney can assist you with the legal process and defense. We possess extensive skills and experience in handling all types of drug charges. We can develop the best defense to achieve a fair outcome. We can also help you navigate all complex court processes.
A Brief Overview of Methamphetamine
Methamphetamine is a synthetic stimulant that has a high potential for addiction and abuse. Although it has some medicinal benefits, it is classified as a Schedule II controlled substance. This means that its medical use as Desoxyn is highly restricted. If used in correct dosages and for the recommended period, it can help manage severe conditions like ADHD and obesity.
Because of its high potential for addiction and abuse, the government highly regulates the use, sale, possession, and distribution of methamphetamine. You need a valid prescription from a certified medical professional to purchase meth. You also need a valid license to sell, distribute, or prescribe meth. Possessing, buying, selling, or distributing this drug without proper authorization can result in serious charges.
People who abuse or are addicted to meth ingest it through snorting or injection. The most popular form of this drug is crystal meth, which is usually smoked through a meth pipe. After consuming it, the drug gives you an euphoric feeling, and an intense rush, which causes you to become energetic and alert. Your blood pressure and heart rate also increase, and could increase dangerously if you ingest more of the substance than your body can handle.
The problem with meth is that it is highly addictive. This is a drug that you can easily abuse. The fact that it is readily available in the black market does not help, even with strict laws against the possession, distribution, and use of meth. An addicted person can have acute anorexia, skin picking or severe itching, serious dental issues, insomnia, memory loss, delusions, and disorientation. Some people experience severe hallucinations, and others become paranoid or develop emotional or violent disorders.
The drug also increases your body temperature, which can result in seizures, brain damage, heart attack, stroke, and sometimes, fatalities.
That is why the laws against illegal possession of methamphetamine are strict. These laws control the simple possession of meth for individual consumption and the possession for sale of meth. There are other meth-related laws, including the illegal sale or distribution of meth. Because of the seriousness of these crimes, you should hire a competent criminal defense attorney immediately after your arrest for help with the legal process. They can use their best defense strategy to convince the judge to drop or reduce your charges.
The Legal Meaning of Possession of Methamphetamine
Possession of methamphetamine means that you knowingly exercise control over the substance without a valid prescription or license. Having the drug in your person or property is not enough for the court to find you guilty of possession. The prosecutor must prove that the drugs were in your direct control, and you were aware of their presence and nature. Possession can be actual, constructive, or joint.
Actual possession of methamphetamine means that the drug was in your person. It could be that the police found the drugs in your hands, or in something you wore like a jacket or shorts, or carried, like a backpack of pulse.
Constructive possession of methamphetamine means that the drugs are in a different location from you, but you are in direct control over them. The drugs could be in your house, vehicle, locker, or someone else is keeping them for you. What matters is that, although you do not have the drugs on you, they are under your control.
Joint possession of methamphetamine means that you jointly own or control the drugs with another person or people. The drugs can be in your actual or constructive possession, but are co-owned by other people.
Generally, proving drug possession is challenging for prosecutors. It is not easy to prove beyond a reasonable doubt that a person knows about the drugs in their possession. In this case, they use circumstantial evidence to demonstrate the case and obtain a guilty verdict. Some of the strategies prosecutors use to prove drug possession include the following:
Your Statements
What you say before or after an arrest regarding the drugs can be used against you in court. If you told someone that you had drugs, the DA can use this statement to prove that you know about the presence and nature of the drugs under your control.
The Quantity of Drugs
Remember that you need a valid prescription to purchase meth for its medicinal value. If the police find you with more meth than you need for your consumption, there will be a direct assumption that you intended to distribute or sell it. In this case, the DA can use that to obtain a guilty verdict in a case of possession of meth for sale.
The Packaging of the Drug
If you obtain methamphetamine for treatment, it will be packaged like other legal drugs issued in hospitals or drug stores. If the drug is packaged differently, the DA can easily prove that you obtained it from the black market, meaning that you did not have a valid prescription. Additionally,. If you have several packages of the drug, this may mean that you intended to distribute or sell the drugs illegally.
Presence of Drug Paraphernalia
Anything else the police find during the arrest can also be used against you in your trial. If they seized drug paraphernalia or other materials used in the production, packaging, or sale of drugs, this critical evidence can lead to a guilty verdict. Remember that you must be a licensed healthcare practitioner to prescribe or issue methamphetamine for medicinal use. You also need a valid license to sell or distribute the drug. If you have drug paraphernalia but do not have the necessary permits, the court can find you guilty of illegal possession of methamphetamine.
Simple Possession of Meth
Simple possession of methamphetamine, as prohibited under HS 11377(a), occurs when you are in illegal possession of the substance, but the amount is just enough for your personal consumption. Remember that you need a valid prescription to obtain methamphetamine for medical purposes. If you buy or otherwise obtain the substance without a valid prescription, you can be charged with a misdemeanor. However, the prosecutor must prove all elements of this crime beyond a reasonable doubt for the court to find you guilty. These elements are as follows:
- The police found drugs on your person or property.
- You knew of the substance’s presence in your property or person, or were aware that the substance in your possession was a controlled substance (if you did not know its actual nature as methamphetamine)
- You had enough of the substance to consume as a drug, and not just a residue or mere traces.
Remember that possession, in this case, can be actual, constructive, or joint. The prosecutor must use compelling evidence to show that the drugs found in your person, or property, were under your direct control, whether alone or jointly with another person, or people.
They must also prove that you knew of the drug’s presence and its nature as a controlled substance. It can be challenging for a prosecutor to prove beyond a reasonable doubt what you know or do not know about a particular matter. In this case, the prosecutor will use circumstantial evidence, including your behavior or statement during arrest, to prove what you knew about the drugs. For example, if you tried to flee or hide the drugs, it demonstrates that you knew of the drug’s presence and its nature as an illegal substance.
Note: It is not necessary that you know the actual nature of the drug, such as methamphetamine, for the court to find you guilty under this statute. What matters is that you know that the substance is illegal.
The prosecutor must also prove that the drugs were usable amounts. You are not guilty under this law if you do not have enough of the drugs to snort, smoke, or swallow. You must have enough to use and get high, meaning that the drugs must be more than traces or residue.
Note: Medical professionals who have authorization to issue or use methamphetamine for treatment are exempt from prosecution under HS 11377. These include doctors, veterinarians, and pharmacists.
Possession for Sale of Methamphetamine
This is a more serious crime than simple possession, because it includes an illegal intent to sell the substance without a license or authorization to do so. If you are arrested for possession for sale of meth, the district attorney can bring felony charges against you, under HS 11378. If you are found guilty, the penalties will be grave and could include a lengthy prison sentence and a hefty fine.
Simple possession of methamphetamine is less severe than possession of meth for sale. If the police arrest you with a particular amount of meth, they can file charges for simple possession or possession for sale, based on the following:
Your Statement
If you told someone about your intention to deal the drug, and the police got wind of that information, the prosecutor will charge you with possession for sale, under HS 11378. If, on the other hand, you are a drug addict, you could be accused of simple possession under H 11377.
The Quantity of Meth
The prosecutor will also consider the amount of drugs to determine how to file your charges. If you have more of the drugs than you need for personal use, the prosecutor will conclude that you intended to distribute, give away, or sell the drugs. It is difficult to prove to the court that so many drugs were for your personal consumption. People who buy for personal use only purchase what they need for that moment.
If The Drug were Packaged
If you only had one package of the drug, and the amount was enough for only your computation, the prosecutor would file charges for simple possession. However, if you had several packages of the drugs, in equal quantities, the prosecutor will deduce that you intended to sell the packages.
If You Had Drug Paraphernalia
The prosecutor may also consider what else was found on your person or property to make a case against you. If the police also found drug-related paraphernalia, like weighing scales, and packaging materials, and the drug was more than you needed for your consumption, the automatic assumption will be that you intended to sell the substance.
Possible Penalties for Possession of Methamphetamine
The penalties you receive for possession of meth depend on the charges the prosecutor will file against you.
If you were in simple possession of meth, the prosecutor will file misdemeanor charges against you, which are punishable by the following:
- One year in jail
- $1000 in fines
However, if you are a repeat offender or have a prior conviction for a serious felony like sexual violence, murder, or sex crimes against minors under 14, the crime becomes a wobbler. This means that the DA can file a felony or misdemeanor charge against you. A felony conviction, in this circumstance, is punishable by up to one year in jail and a fine of $1,000. A felony conviction can result in a prison term of 16 months two three years, as well as fines of up to $10,000.
Probation
The DA can send you to misdemeanor or felony probation, instead of jail or prison, depending on your underlying charges. This means you will serve your sentence outside of incarceration. However, they will set probation conditions for you to follow during your probation. Examples of conditions the judge can impose include requiring periodic progress reports to the court, meeting regularly with your probation officer, avoiding arrest or criminal charges during the probation period, and engaging in community service for a predetermined duration.
Drug Diversion
This is also very common with misdemeanor drug-related charges. A drug diversion means that the judge can allow you time to receive treatment and rehabilitation for an underlying drug problem before taking the matter to a trial. You may qualify for drug diversion if you are facing simple possession charges and do not have a prior violent-related conviction.
California criminal court judges use drug diversion as an alternative sentencing option to allow people who have a drug problem an opportunity to receive treatment and rehabilitation instead of sentencing them to jail. There are mainly three drug diversion programs under the law, namely Prop 36, PC 100, and California Drug Court. However, this option is not available for anyone found guilty of possession of meth for sale under HS 11378 or sale of meth under HS 11379.
Thus, if you face simple possession charges, your attorney can accept or request drug diversion to give you a chance to receive treatment for your underlying drug problem. If you perform well and do not violate any of the conditions the judge will set before sending you to the program, the judge will dismiss all your charges. However, if you violate the program, the judge will pick up your case from where they left off. This means you will face a trial for possession of methamphetamine and could face severe penalties upon conviction.
Penalties for Possession for Sale of Methamphetamine
If the court finds you guilty of possession for sale of methamphetamine, you will likely receive the following penalties:
- 16 months, two, or three years in prison
- Five years of felony probation
- $10,000 in fines
Remember that this is a felony offense, and so, you become a convicted felon. This means that you could lose vital rights, including your right to purchase, possess, or use a gun. If you are an immigrant, a conviction under HS 11378 will also carry severe immigration consequences. This means that you could be deported or marked as inadmissible to the United States.
How To Defend Yourself Against Possession of Methamphetamine Charges
Possession of meth, whether misdemeanor or felony, is a serious charge; it can result in serious life-changing consequences, including imprisonment and a life-changing criminal record. However,. You can influence the outcome of your case with the help of an experienced criminal defense attorney. Your attorney can use one or more defense strategies to fight your charges and convince the court to reduce or dismiss your charges. Examples of such methods include the following:
Arguing that You Have Legal Authorization to Obtain or Sell Meth
A criminal charge for possession of methamphetamine means that you lack the authorization to possess the drug. You can counter your charges if you prove that you, in fact, have legal authorization to obtain or sell it. Your attorney can produce a valid prescription in court, which you used to get the drugs the police found in your possession. If you are a healthcare practitioner and have a license to sell or distribute the drugs, your attorney can table your license in court to counter the allegations against you. If this works, the judge will dismiss your charges.
Arguing That You Were Not In Possession of Methamphetamine
Remember that possession of methamphetamine means knowingly being in control of methamphetamine without proper authorization. Possession can be direct or indirect. You must also be aware of the drug’s presence and its nature as a controlled substance. Countering any of these elements in court will make it impossible for the prosecutor to prove that you had meth.
For example, you can argue that, although the drugs were found in your person or property, they were not under your control. Someone else must have put them there. Also, you can argue that you did not know of the drug’s presence or its nature as a controlled substance. If the prosecutor does not have any circumstantial evidence to demonstrate your knowledge of the drugs, the judge will dismiss your charges.
Proving that Your Actions Were Legal
If you were arrested for possession of meth as you were delivering the drugs to another person, you are not guilty of illegal possession. If someone else has a legal prescription, and they sent you to obtain the drugs for them, the judge will dismiss your charges.
Additionally, you are not guilty if you found the drugs in your property and were going to destroy them. However, you have to prove this for the court to dismiss your charges.
Arguing that the Police Violated Your Rights
The police work very hard to ensure that people who engage in drug-related activities are arrested and punished. However, they must adhere to the established guidelines when arresting suspects and investigating drug crimes. They must be aware of and respect the rights of people to avoid legal issues. If your rights are violated during a crime investigation or arrest, any evidence gathered through or after that violation is generally inadmissible in court.
You can use this defense strategy if the police illegally searched you, or the arresting officer used coercion, intimidation, or force to obtain a confession from you.
Find a Skilled Criminal Lawyer Near Me
If you or a loved one faces charges for possession of methamphetamine in Los Angeles, you need immediate legal help. An attorney can help you navigate all complex court processes, defend your civil rights, and help you develop a strong defense against the charges.
We offer timely, immediate, and quality legal assistance at CCLG: Los Angeles Criminal Attorney. We can utilize our best legal defense techniques to fight your charges and persuade the court to reduce or dismiss them. Call us at 323-922-3418 to discuss your legal matter, options, and our services further.
