“Joint” possession simply means that you shared actual or constructive possession with one or more other people.
Another strategy is to admit that you possessed meth (or another drug covered under HS 11378)–but argue that you possessed it for personal use only, rather than for sale.
Below, our California methamphetamine possession and drug crimes defense attorneys answer the following frequently asked questions about Health & Safety Code 11378 HS, California’s possession of methamphetamine for sale law:
- the meth was for your personal use (you didn’t intend to sell it),
- the drugs weren’t yours,
- you didn’t know the crystal meth was there or that what you possessed was a controlled substance,
- you were a medical professional selling methamphetamines in accordance with California and federal drug laws,
- the police discovered the drugs during an unlawful search or committed another form of police misconduct.
For you to be guilty of violating HS 11378 by possessing crystal meth for sale, the prosecutor must prove:
California Health and Safety Code 11378 HS makes it illegal to possess methamphetamines with the intent to sell them. Possession of meth for sale is a different–and more serious–crime than Health and Safety Code 11377 HS personal possession of meth. 1
If you are under the influence of a controlled substance such as crystal meth when you are arrested for possession for sale of methamphetamines, prosecutors can also charge you with Health and Safety Code 11550 HS California’s “under the influence of a controlled substance law”.
“Constructive” possession means the crystal meth was in a location over which you exercised control (either directly or through another person).
Legal analysis of Health and Safety Code 11378: California drug lawyers explain the crime of possession of meth for sale
Police from State Crime Command said they had a number of strategies in place to target these crimes.
New South Wales Police have told the ABC they were aware of the website and others possibly being used to facilitate criminal activity, including the supply and purchase of illicit drugs.
The website says its ice is nearly 100 per cent pure, and delivery is discreet and safe, with delivery within 36 hours of placing an order.
“This is just such a dangerous website.”
New South Wales Opposition frontbencher Kate Washington said she was disturbed by the website, which offered crystal meth or ice for sale across Australia.
“Cybercrime is the future in many areas of policing and we’re moving as quickly as always as technology changes to be on the front foot with that,” Assistant Commissioner Fuller said.
“It is deplorable and must be stamped out in any measure we have.”
“This is a great concern isn’t it that you can actually now click online and order your preferred drug ice,” Mr Zangari said.
Don Weatherburn, the Director of the Bureau of Crime Statistics and Research, has previously said the use of ice in the Hunter had increased over the last decade, but accelerated recently.
New South Wales police investigate a website, which claims to sell the drug ice online.