§ 11378 HS – Possession of Methamphetamine for Sale in California

California Health and Safety Code § 11378 HS makes it a felony crime to possess methamphetamine with the intent to sell the drug. It carries up to 3 years of jail time and/or fines of up to $10,000.

Examples of 11378 HS violations include:

• carrying baggies of meth in a backpack for the purpose of selling it to someone.
• driving a car to a “point of sale” with meth in the vehicle’s trunk.
• storing methamphetamine tablets in a closet for a few days before completing a sale.

In this article, our California criminal defense attorneys explain what you need to know re. laws for meth possession with intent to sell.

• 1. Elements of 11378 HS
• 2. Defenses
• 3. Penalties
• 4. Related Offenses
• Additional Resources

1. Elements of 11378 HS

For you to be convicted of possessing methamphetamine with the intention to sell it, prosecutors have to prove beyond a reasonable doubt the following four elements of California Criminal Jury Instructions (“CALCRIM”) 2302:

1. you unlawfully possessed methamphetamine,
2. you knew of the drug’s presence,
3. you knew of the substance’s nature or character as a controlled substance, and
4. when you possessed the controlled substance, you intended to sell it.¹

Note that 11378 HS also makes it unlawful to possess for sale any non-narcotic controlled substances, including stimulants, “party drugs,” and illegal steroids.²

Also, medical professionals (such as pharmacists or veterinarians) who sell methamphetamine in accordance with state and federal law do not violate 11378 HS.

“Possession” Meaning

You do not actually have to hold or touch a drug to possess it. It is enough if you have control over it, either personally or through another person.³

For example, you possess meth even if you keep it in your closet, your car trunk, or a storage facility you lease.

Amount of Meth Necessary

To be guilty under 11378 HS, you must possess enough meth so that it can be used as a controlled substance. This does not mean that you have to possess a large quantity of meth so that someone can get high.⁴

Rather, there has to be enough of the drug so that it can be used in the way someone would normally use methamphetamine (for example, smoking it, snorting it, swallowing it, etc.).⁵

Lack of intent to sell is a defense to 11378 HS charges.

2. Defenses

Here at Shouse Law Group, we have represented literally thousands of people charged with drug crimes including meth possession for sale. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting these cases reduced or dismissed.

1. You had no intent to sell. Typical evidence of intent to sell meth includes you having cash, a firearm, scales, baggies, and large amounts of drugs. If prosecutors lack such evidence, they may agree to lower your charge to possession for personal use under 11377 HS – which is usually only a misdemeanor.
2. You did not know the drugs were there. Perhaps someone planted the drugs on you without your knowledge, or perhaps they belonged to someone else. As long as you did not exercise actual or constructive control over the drugs, you cannot be convicted of being in possession of them for sale or for personal use.
3. The drugs were found through an illegal search. If police found the meth by violating your Fourth Amendment rights against unreasonable searches and seizures, we would ask the court to disregard (“suppress“) all unlawfully-obtained evidence. If the court agrees, the D.A. may be left with too little proof to continue prosecuting you.⁶

Violating 11378 HS carries up to 3 years in jail.

3. Penalties

Methamphetamine possession with intent to sell is a California felony carrying:

• 16 months, 2 years, or 3 years in jail and/or
• up to $10,000.⁷

You are not eligible for drug diversion (drug treatment) instead of jail time for 11378 HS convictions. Furthermore, you can receive enhanced jail time if either:

• you violated the law on the grounds of a drug treatment center, a “detox” facility, or a homeless shelter,⁸
• you had more than one kilogram of meth in your possession,⁹ or
• you used a minor’s help to violate the statute or intended to sell meth to a minor.¹⁰

Note that a conviction for violating 11378 HS could also lead to deportation for non-American citizens.

Other names for meth include speed, crank, ice, and chalk.

4. Related Offenses

1. possession of methamphetamine – 11377 HS
2. transporting or selling meth – 11379 HS
3. possession of a controlled substance for sale – 11351 HS
4. driving under the influence of drugs – 23152f VC
5. being under the influence of a controlled substance – 11550 HS

Additional Resources

If you are struggling with substance abuse addiction, you can find help here:

• Narcotics Anonymous (NA) – A 12-step program to overcome drug addiction.
• Substance Abuse and Mental Health Service Administration (SAMHSA) – 24/7 treatment referral service.
• Recovery Centers of America – Treatment centers in seven states.
• SMART Recovery – Group therapy for young people struggling with addiction.
• Partnership to End Addiction – Information on how to find drug addiction treatment.