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- You are holding a bag of crystal meth;
- You have a bottle of GHB in your backpack;
- You are hiding a vial of PCP in a body cavity;
- You leave some meth in the drawer of your office desk while you are out of town on a business trip;
- There is a bag of crystal meth underneath the sofa in the living room you share with your roommate;
- Your partner in a drug dealing operation has a stash of crank in a briefcase; and
- You just swallowed drugs in order to avoid getting busted. 5
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:
Additional jail time based on location of intended sale
11378 HS makes it illegal to possess for sale non-narcotic controlled substances, including stimulants, “party drugs” and illegal steroids in addition to methamphetamines.
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.
Using a minor in a violation of HS 11378
- up to one-year in a county jail,
- a maximum $390 fine before penalty assessments,
- a court-imposed driver’s license restriction for a minimum of six months, and
- a minimum three-month drug education class.
California Health and Safety Code 11377 HS personal possession of meth is the crime of possessing meth–or the other drugs covered by HS 11378, such as GHB and ketamine–for personal use only.
Legal analysis of Health and Safety Code 11378: California drug lawyers explain the crime of possession of meth for sale