Understanding HS 11378 Possession of Controlled Substances for Sale Methamphetamine
Possession of Controlled Substances for Sale (Methamphetamine) – HS 11378
It’s late at night, and you’re staring at the ceiling, replaying the moment everything changed—the flashing lights, the cold cuffs, the words “You have the right to remain silent” echoing in your ears. As you relive this moment, you can immediately feel cold sweat trickling down your back as your heart races.
“This isn’t who I am,” you are thinking. Maybe it was a mistake, a bad choice, or just being in the wrong place at the wrong time. But now, it’s real, and the fear of losing everything—your job, your family, your future—is crushing you.
We’ve been there with people just like you, and at Gressley & Donaldson, we’re not here to judge. We’re here to fight. As a law firm that has defended clients against possession of controlled substances for sale (methamphetamine) in California, we know how intimidating the justice system can seem when you’re all alone. But you’re not alone.
When it feels like nobody’s listening, we’re right here to take your side. We’re here to make sure your side of the story is effectively conveyed to the judge.
If you’re ready to discuss the details of your case, contact our law firm to begin. Call at (951) 319-3199 to schedule a free and confidential consultation.
Understanding Methamphetamine Possession Charges
So, what’s this all about? In California, possession of methamphetamine for sale falls under Health and Safety Code Section 11378, or HS 11378 for short. It’s a big deal in our state. The law says it’s illegal to have methamphetamine (or certain other illegal drugs) with the intent to sell it. Not just to have it, but to plan on passing it along for cash or something else.
Methamphetamine is classified as a Schedule II controlled substance under the United States Controlled Substances Act. Being charged with possession of controlled substances for sale (methamphetamine) in California isn’t just scary—it’s life-altering.
Here’s something important to know: Unlike simple drug possession, which might be treated as a misdemeanor under California’s Proposition 47, possession with intent to sell remains a felony. And the consequences? They can be devastating.
And you don’t even have to be caught red-handed selling methamphetamine to face these charges. The police just need to believe you meant to. However, it takes a bit more effort to convict you.
For the prosecution to win their case against you, they need to prove five key things beyond a reasonable doubt:
- That you actually possessed methamphetamine;
- That you knew it was there;
- That you knew it was a controlled substance;
- That you had enough of it to sell; and
- That you specifically intended to sell it.
Maybe they found a bunch of meth in small baggies, a scale, or a lot of cash. That’s usually enough for them to say, “This isn’t for personal use.” And suddenly, you’re facing a felony charge.
But as a possession of controlled substances for sale (methamphetamine) lawyer in California, we know a larger amount of methamphetamine doesn’t automatically mean a person intended to sell it. And we’ll dig into every detail with care and tenacity to prove them wrong and help you avoid serving time behind bars and a plethora of other consequences.
What Is Possession of Controlled Substances for Sale?
Possession of controlled substances for sale (methamphetamine) in California isn’t the same as just having meth on you. If you’ve got a small amount for yourself, that’s a different charge—California Health and Safety Code 11377, usually a misdemeanor.
First of all, to prove possession, the prosecution has to prove you knew the drugs were there AND you knew they were illegal. This is often where cases start to fall apart, and where an experienced California possession of controlled substances for sale (methamphetamine) defense attorneys like ours can really help you.
Okay, let’s imagine you actually possessed methamphetamine (maybe it was found in your bag while conducting a valid and legal search). Now, how do they try to prove you intended to sell the drugs? Usually through circumstantial evidence, things like:
- Having more methamphetamine than someone would typically have for personal use
- Finding packaging materials like small baggies or scales in your possession
- Discovering larger amounts of cash, especially lots of small bills
- Finding what look like customer lists or payment records
- Multiple cell phones
- Text messages that might suggest sales
- Not finding any paraphernalia that would suggest personal use
Circumstantial evidence may feel unfair because they’re always assuming the worst. And at Gressley & Donaldson, we get it. Many people buy in bulk for personal use to save money or to limit how often they need to put themselves in dangerous situations to buy drugs. That’s why we don’t let assumptions run the show and will fight tirelessly to challenge the prosecution’s evidence about your alleged intent.
How Do Penalties for Methamphetamine Possessions / Intent to Sell Vary
Not all charges hit the same. Simple possession and possession with intent to sell might sound close, but the consequences are worlds apart. In terms of penalties, simple possession under HS 11377 and possession with intent to sell methamphetamine under HS 11378 differ quite a bit:
- Classification: Simple possession is usually a misdemeanor unless aggravating circumstances apply. You’re looking at up to one year in county jail, maybe a fine, and often a chance at probation or drug diversion program (think rehab instead of bars). Possession for sale is a felony without question. That’s up to three years in jail, up to $10,000 in fines, and a potential for formal felony probation.
- Add-ons: Intent to sell can snowball fast. Got a prior drug conviction? Caught with over a kilogram? Selling near a school or involving a kid in the deal? The judge can slap on even harsher penalties and more time behind bars, turning a tough sentence into a life-altering one. Simple possession rarely sees these kinds of escalations—maybe a bit more jail if you’ve been in trouble before.
- Life impact: A misdemeanor stings, but it fades with time. You might still land a job or rent an apartment. A felony like possession of methamphetamine or other controlled substances in California? It can block you from good work (think nursing, teaching, or anything with a background check). Housing gets tricky, while voting rights, gun ownership, and even custody of your kids is all at risk.
The difference is stark, isn’t it? That’s why we fight so hard to challenge the “intent to sell” element of these charges. Sometimes, the line between amounts for personal use and amounts that suggest sales intent can be blurry. Law enforcement often makes assumptions based simply on quantity, but there are many reasons someone might possess larger amounts for personal use.
Strategies for Defending Against Methamphetamine Possession
So, how do we fight this? Defending against a possession of controlled substances for sale (methamphetamine) lawyer in California charge takes strategy—and we’ve got plenty of that at Gressley & Donaldson. We start by tearing into the evidence. Here’s what we look at:
- The legality of the search: No valid search warrant or good reason? We can get the evidence tossed if the police violated your right to be free from illegal searches and seizures granted under the Fourth Amendment. Unlawful searches should be challenged.
- Proof of intent: No scales, baggies, or cash? Intent is the heart of HS 11378, and it’s shaky ground for prosecutors. Maybe you had a lot of meth, but was it really for selling? After all, heavy users stock up too. So did they catch you selling? If not, it’s their word against ours, and we make yours louder.
- Ownership: Were you just near someone else’s stash? That’s not possession—it’s proximity, and it’s not enough. Maybe it was in a shared car, a friend’s bag, or a roommate’s room. We’ve fought for innocent people who got blamed for stuff left behind (e.g., a passenger leaving drugs in your ride). Police love to pin it on whoever’s closest, but we don’t let that stick without a fight.
Our attorneys at Gressley & Donaldson have stood before juries and judges, arguing with passion and precision. We’ve had clients who thought it was over, only to walk out free because we found the cracks. How do we do that? We’re not afraid to take your case all the way if that’s what it takes.
Defenses to Possession of Controlled Substances for Sale (Methamphetamine)
There are specific legal defenses that can be particularly powerful in California possession of methamphetamine or other controlled substances cases. Our defense team at Gressley & Donaldson will look at your unique situation to determine which defenses might work best for you. Some of the options include:
1. Lack of Usable Quantity
For you to be convicted of possession for sale, they have to prove you had a usable amount of methamphetamine. If the quantity was tiny—so small it couldn’t be used, measured, or sold—we can challenge whether you actually possessed a controlled substance in any meaningful way.
2. Fourth Amendment Violations
The Fourth Amendment is your shield against unreasonable searches and seizures. We’ll thoroughly examine whether:
- Police stopped your car without reasonable suspicion
- Officers searched you, your vehicle, or your home without probable cause
- The search warrant had problems or was based on false information
- Law enforcement went beyond what a valid warrant allowed
- Officers failed to knock and announce before entering (when they were required to)
We’ve seen cases completely fall apart when we exposed these violations. Your constitutional rights matter, and we’ll fight to protect them.
3. Miranda Rights Violations
If they questioned you while you were in custody without reading your Miranda rights, what you said might not be allowed in court. We’ll analyze whether:
- You were effectively in custody when questioned
- The questioning counted as an interrogation
- Your statements were truly voluntary
- You were properly told about your rights
- You validly gave up those rights
4. Not Enough Evidence of Intent to Sell
We’ll challenge whether they have enough evidence to prove beyond a reasonable doubt that you intended to sell meth. This might involve:
- Presenting evidence about your personal use patterns
- Challenging their interpretation of circumstantial evidence
- Offering alternative explanations for evidence like scales or baggies
- Bringing in expert testimony about typical patterns of use versus sale
5. Forced Confessions
If they coerced your confession or statements through psychological or physical pressure, we’ll fight to have them thrown out. Signs of coercion include:
- Interrogations that go on for hours without breaks
- Denying you basic needs like food, water, or bathroom use
- Threats or promises made by law enforcement
- Taking advantage of mental health issues or intoxication
At Gressley & Donaldson, we bring tenacity and heart to your defense. We’ve successfully had charges reduced or dismissed by effectively applying these defenses in courts throughout Riverside County and the Inland Empire. We’re ready to do the same for you.
Immigration Consequences
If you’re not a U.S. citizen, this charge hits even harder. Illegal possession of methamphetamine or other controlled substances in California under HS 11378 is a deportable offense. That means a conviction could lead to Immigration and Customs Enforcement (ICE) stepping in.
Here’s what you could be facing if you’re an immigrant in this country:
- Deportation or removal: Drug offenses, especially those involving sales, are considered “deportable offenses” under federal immigration law. Even if you have a green card and have lived here for years, you could face removal proceedings after a conviction.
- Inadmissibility: If you leave the U.S. and try to return, a drug conviction can make you “inadmissible,” preventing you from coming back even if you previously had legal status. It’s always heartbreaking to see families torn apart this way.
- Ineligibility for relief: Drug convictions can block your access to various forms of immigration relief, including cancellation of removal, asylum, and adjustment of status.
- Mandatory detention: With certain drug convictions, you may face mandatory detention during immigration proceedings, without the possibility of bond.
- Naturalization barriers: Drug convictions can prevent you from demonstrating the “good moral character” required to become a citizen.
At Gressley & Donaldson, we’ve worked with clients facing this double jeopardy—jail and deportation. We fight not just for your freedom, but for your right to stay and thrive in this country.
Finding a Drug Crime Defense Attorney
Not all criminal defense lawyers have the specific experience, skills, and dedication needed to effectively defend against methamphetamine sales charges.
Gressley & Donaldson is the only criminal defense and appeals law firm in Riverside, Temecula, and Murrieta that has a Super Lawyers designation. This isn’t just bragging—it’s proof we deliver results.
When looking for a drug crime defense attorney, you need someone with communication skills, investigation resources, knowledge of local courts, and strategic thinking. Our attorneys Lara J. Gressley and Mike Donaldson combine these traits.
We’re detail-obsessed: every report, every statement gets our full attention. But more than that, we care. We know you’re not just a case—you’re a person with a life and future to fight for.
Frequently Asked Questions About HS 11378 – Possession of Controlled Substances for Sale (Methamphetamine)
Can I be charged with possession for sale if the methamphetamine wasn’t actually mine?
Yes, and it happens more often than you might think. California possession of controlled substances for sale (methamphetamine) laws recognize something called “constructive possession,” which means you can be charged if drugs were found in a place under your control, even if they weren’t physically on you.
How does the prosecution prove I intended to sell the methamphetamine?
They typically use circumstantial evidence. That’s things like the quantity found, how it was packaged, whether they found scales or baggies, large amounts of cash, multiple phones, or communications that suggest sales.
Will I go to prison if convicted of methamphetamine possession for sale?
While possession for sale is a felony offense that can include jail time, many factors influence sentencing. First-time offenders may be eligible for probation or alternative sentencing programs.
What’s the difference between simple possession and possession for sale?
Simple possession (for personal use) of methamphetamine can be charged as a misdemeanor under California’s Proposition 47. Possession for sale remains a felony with much more severe penalties. The key difference is your intent, which the prosecution must prove beyond a reasonable doubt.
Gressley & Donaldson: Skilled Possession of Controlled Substances for Sale (Methamphetamine) Lawyer in California
When facing charges for possession of controlled substances for sale of methamphetamine, your freedom, your reputation, and your future are on the line. This isn’t the life you pictured. Maybe it was one bad call, a friend’s mess you got tangled in, or a desperate grab to make ends meet. But this isn’t the end of the world.
At Gressley & Donaldson, we know what to do and how to do it. We’ve helped clients walk away from felonies, keep their families together, and reclaim their futures. And now we’re ready to fight for you—right now, right here in Riverside County. Let’s turn this around together. Call at (951) 319-3199 or fill out our contact form to get a free consultation.
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