Health and Safety Code 11378 HS - Possess Methamphetamine for Sale

The offense of possession for sale of methamphetamine is outlined in California Health and Safety Code 11378 HS, which makes it illegal to possess a controlled substance with the intent to sell.

"Intent" refers to the intention to sell, not actually selling or transporting the drug. Methamphetamine is a Schedule II stimulant, thus a controlled substance under HS 11378.

Possessing meth for sale under Health and Safety Code Section 11378 is a separate offense from simple possession under Section 11377. Prosecutions under HS 11378 typically involve allegations that the defendant had a specific amount of meth with the intent to sell, either immediately or later.

It's important to note that you don't need to be physically caught in the act to be charged with violating HS 11378. This section of the Health and Safety Code covers other controlled substances, too, such as opiates, ketamine, ecstasy, GHB, and PCP.

The intent to sell methamphetamine can be demonstrated by the quantity of meth, baggies, a scale, a large sum of cash, and other factors suggesting the meth was not for personal use.

What Factors Must Be Proven to Convict? 

To secure a conviction for possession of meth with intent to sell under Health and Safety Code 11378, the prosecutor must prove several key elements beyond a reasonable doubt.

These are referred to as the "elements of the crime" and are outlined in CALCRIM 2302 Jury instructions, which specify that you:

  • Illegally possessed a controlled substance.
  • Knew of its presence, and
  • Understood that the substance is a controlled one.
  • Possessed enough meth to sell for personal use.
  • Possessed methamphetamine with the intention to sell.

It is important to note that there are various ways to prove "possession" of meth. "Actual" possession refers to having the meth on your person, like in your pocket.

"Constructive" possession means the meth was in a location over which you had control. "Joint" possession indicates shared possession with others.

Typically, a prosecutor aims to establish possession of meth for sale by presenting evidence such as the quantity of drugs, packaging details, large sums of cash, scales, and the absence of drug paraphernalia.

What are the Penalties If Convicted?

Possessing methamphetamine with the intent to sell under Health and Safety Code 11378 is considered a felony at all times. If found guilty, you could face the following penalties:

  • 16 months, two years, or three years in California state prison
  • Fines of up to $10,000
  • Formal felony probation

Sentencing Enhancements

Additionally, several sentencing enhancements are available depending on various aggravating factors.

  • If the meth for sale was located within 1000 feet of a drug treatment facility or homeless shelter, an extra year can be added to the sentence.
  • Having over one kilogram of meth can lead to an increased prison sentence of an additional three to fifteen years.
  • If the defendant used a minor to sell meth, the judge can sentence them to an additional three, six, or nine years in prison.

If the defendant used a minor to help with drug sales, they might also face extra charges for contributing to the delinquency of a minor, as outlined in California Penal Code 272.

Additionally, if the defendant is an illegal alien, a conviction under HS 11378 for meth sales could result in deportation.

As stated, a conviction for HS 11378 means the defendant is ineligible for drug diversion and faces jail time. However, if convicted of an aggravated methamphetamine sales case, the defendant could face up to a decade or more in California state prison.

What are the Related Drug Offenses? 

What Are the Best Defense Strategies? 

A common defense to HS 11378 is typically an argument that the search and seizure were unlawful.

If law enforcement obtained methamphetamine evidence through illegal means that violated your Fourth Amendment rights against unreasonable searches and seizures, this evidence must be suppressed and cannot be used against you.

Possess Methamphetamine for Sale

Law enforcement generally cannot search someone without a valid search warrant issued by a magistrate that establishes probable cause.

However, there are some exceptions to this rule, such as evidence in plain view of police, search incident to arrest, and the exception for searching the passenger compartment of an automobile.

Prosecuting someone for HS 11378 possession of meth for sale necessitates establishing the vital "intent" component. If the meth was intended solely for personal use, then only the lesser charge of simple drug possession under Health and Safety Code 11377 could be applicable.

Our skilled California criminal defense attorneys will begin developing a strategy to achieve the best possible outcome. We may negotiate with the prosecutor to reduce charges or secure a case dismissal. Contact the Hedding Law Firm for a case review.