Methamphetamine Laws in California – 7 Ways to Get Busted

California law makes it a criminal offense to

• possess,
• use,
• sell,
• transport,
• manufacture, or
• traffic methamphetamine.

The penalties range from low-level misdemeanor charges that allow for drug diversion, to felony charges that can lead to years in jail or prison.

There are seven primary crimes involving “meth,” that a person can be arrested for under California law, depending on the specific facts of a case. These include:

1. under the influence of a controlled substance, per HSC 11550,
2. possession of meth, per HSC 11377,
3. possession of methamphetamine for sale, per HSC 11378,
4. sale of methamphetamine, per HSC 11379,
5. manufacturing of drugs and narcotics, per HSC 11379.6,
6. transportation of meth, per HSC 11379, and
7. trafficking of meth, per HSC 11379.

Examples

• Using meth at a concert and being found by authorities to be under the influence of the drug.
• Operating a methamphetamine lab out of a garage.
• Putting 20 grams of meth in a car and driving to a “meeting spot” to sell the drugs to customers.

Defenses

Luckily, there are several legal defenses that a defendant can raise if accused of a drug crime under any of California’s methamphetamine laws. These include showing that the defendant:

• did not have meth,
• was arrested following a coerced confession, and/or
• was arrested without probable cause.

Penalties

A violation of the above laws is largely charged as a felony (as opposed to an infraction or a misdemeanor). Specific penalties may include:

• imprisonment in county jail or state prison for up to seven years, and/or
• a maximum fine of $50,000.

Please note that in lieu of jail time a judge may award a defendant with felony (or formal) probation.

Our California criminal defense attorneys will explain the following in this article:

• 1. What does it mean to be “under the influence of a controlled substance?”
• 2. What is “possession of meth?”
• 3. What is “possession of methamphetamine for sale?”
• 4. What is “sale of methamphetamine?”
• 5. What is “manufacturing of drugs and narcotics?”
• 6. What is “transportation of meth?”
• 7. What is “trafficking methamphetamine?”
• 8. Are there legal defenses to accusations of violating a California meth law?
  • 8.1. No meth
  • 8.2. Coerced confession
  • 8.3. No probable cause

California defendants caught with meth for recreational possession may be able to avoid jail through a diversion program.

1. What does it mean to be “under the influence of a controlled substance?”

Health and Safety Code 11550 HS is the California statute that makes it a crime to be under the influence of a controlled substance or a narcotic drug.¹

“Controlled substances” subject to this statute are listed in California Health and Safety Code sections 11054-11058 HS and in Health and Safety Code 11019 HS. Some of the most common substances include (but are not limited to):

• methamphetamine,
• heroin,
• cocaine, and
• PCP.

Marijuana is specifically excluded from HSC 11550. Illegal drug charges involving marijuana use and possession are regulated separately under California’s marijuana laws.

A violation of HSC 11550 is charged as a misdemeanor. The crime is punishable by:

• imprisonment in the county jail for up to one year, and/or
• a maximum fine of $1,000.²

Please note that in lieu of jail time a judge may award a defendant with misdemeanor (or summary) probation. And people with prior convictions tend to get harsher sentences than first-time offenders.

2. What is “possession of meth?”

Health & Safety Code 11377 HS is the California drug law that makes it a crime to be in possession of any usable amount of methamphetamine or certain other narcotics for personal use. Methamphetamine possession is called simple possession.³

“Drug possession” generally means that a person is holding a drug or has access to it. Holding is “actual possession.” Having access is considered to be “constructive possession.”

A violation of HSC 11377 is charged as a misdemeanor. A possession charge is punishable by:

• imprisonment in the county jail for up to one year, and/or
• a maximum fine of $1,000.⁴

Please note that in lieu of jail time for a methamphetamine charge, a judge may award a defendant with misdemeanor (or summary) probation. This often involves a drug diversion program where the defendant undergoes drug treatment. Learn more about Proposition 36 (Penal Code 1210.1 PC).

3. What is “possession of methamphetamine for sale?”

California Health and Safety Code 11378 HS makes it a violation of criminal law for a person to possess methamphetamine with the intent to sell it.⁵

A prosecutor must prove five things in order to successfully convict a person under HSC 11378. These are that the accused:

1. possessed crystal meth or another prohibited controlled substance,
2. knew that he possessed a drug,
3. knew that the drug was a controlled substance,
4. possessed enough of the drug to sell it for consumption, and
5. possessed the drug with the specific intent to sell it.⁶

A violation of this statute is a California felony.

The basic penalties for possession of methamphetamine with intent to sell are:

• 16 months, two years, or three years in jail, and/or
• a fine of up to $10,000.⁷

Making or selling meth is always a felony in California

4. What is “sale of methamphetamine?”

California Health and Safety Code 11379 HS makes it a crime for a person to sell methamphetamine. The statute also makes it a crime for a person to transport methamphetamine for sale.⁸

Other illegal acts under HS 11379 include giving away meth or administering it to another person. A person also violates California’s sale/transportation of methamphetamine law just by offering to do any of these things.⁹

Selling, transporting, giving away or administering methamphetamine under Health and Safety Code 11379 HS carries felony penalties in California.

The basic consequences of a meth sales conviction are:

• two, three, or four years in jail, and/or
• a maximum $10,000 fine.¹⁰

5. What is “manufacturing of drugs and narcotics?”

California Health and Safety Code 11379.6 HS prohibits illegally manufacturing drugs, narcotics or controlled substances.¹¹

Some typical examples of manufacturing narcotics include:

• operating a meth lab, or
• mixing “precursor” chemicals that are used to make other narcotics.

A “controlled substance” is one whose manufacture, possession and use are regulated by the government under the United States “Controlled Substances Act”. Some commonly manufactured controlled substances include (but are not limited to):

• meth,
• heroin,
• cocaine,
• PCP, and
• LSD.

A violation of HSC 11379.6 is charged as a felony in California. The crime is punishable by:

• three, five or seven years in county jail, and/or
• a maximum fine of $50,000.¹²

6. What is “transportation of meth?”

California Health and Safety Code 11379 HS makes it a crime for a person to transport methamphetamine for sale. The statute also makes it a crime for a person to sell meth.

More specifically, the statute prohibits any person to:

• sell or exchange crystal meth for money, services or anything else of value,
• transport meth from one location to another (regardless of distance) with the intent to sell it,
• give away or provide crank to others,
• administer meth to someone else, and/or
• offer or attempt to perform any of the foregoing acts.¹³

Selling, transporting, giving away or administering methamphetamine under Health and Safety Code 11379 HS carries felony penalties in California.

The basic consequences of a meth sales conviction are:

• two, three, or four years in jail, and/or
• a maximum $10,000 fine.¹⁴

7. What is “trafficking methamphetamine?”

California Health and Safety Code 11379 makes it a serious offense for a person to “traffic” methamphetamine.¹⁵

The “trafficking” of meth includes:

• selling the drug,
• transporting it, and
• illegally importing it.

A violation of HSC 11379 is charged as a California felony.

The basic consequences of a meth trafficking conviction are:

• two, three, or four years in jail, and/or
• a maximum $10,000 fine.¹⁶

A potential defense to meth charges is that the police coerced a confession from the defendant.

8. Are there legal defenses to accusations of violating a California meth law?

A person accused of breaking a California methamphetamine law can challenge the accusation by raising a legal defense. A good defense strategy that raises a reasonable doubt can often get a charge reduced or even dismissed.

Three common defenses to these crimes are:

1. no meth,
2. coerced confession, and/or
3. no probable cause.

8.1. No meth

A person can only be convicted under one of the above laws if he performs some act with actual methamphetamine. This means it is always a solid legal defense for a defendant to show that he was not acting with meth (e.g., he may have had an imitation of the drug or only trace amounts of the drug).

8.2. Coerced confession

California law states that police may not use overbearing measures to coerce a confession.

If a party can show that the law enforcement coerced him into a confession, then:

1. the judge may exclude the confession from evidence, or
2. the case could get dropped altogether if the party got pressured into confessing to a crime he didn’t commit.

(Another possible defense is that the police found the drugs through an illegal search.)

8.3. No probable cause

The Fourth Amendment to the U.S. Constitution says that police must have probable cause before they can detain or arrest a suspect of a crime.

If a person was stopped or arrested for violating a meth law, and there was no probable cause, then any evidence obtained following the improper stop/arrest could get excluded from the case. This exclusion could result in the dismissal or reduction in charges.¹⁷

For additional help…

Contact our DUI and criminal law firm for legal advice.

If you or someone you know has been accused of a crime involving methamphetamine, we invite you to contact us for a free consultation and how we can help and our case results. We can be reached 24/7 through phone, text message, or contact form.

Our criminal defense lawyers create attorney-client relationships throughout northern, central, and southern California, including Los Angeles County, Ventura, Newport Beach, San Bernardino, Riverside, Long Beach, Pasadena, Orange County, San Diego, and more.

In Colorado? See our article Colorado Methamphetamine Laws.

In Nevada? See our article Nevada “Methamphetamine / Crystal Meth” Laws.

Legal References: