Methamphetamine use has increased significantly in recent years as the crackdown on illegal drugs at the border has led people to turn to drugs that can be manufactured and sold locally. Methamphetamine, commonly referred to as “meth,” is a highly addictive stimulant that is considered a controlled substance. In California, there are numerous drug laws that apply to the possession, sale and production of methamphetamine. Those convicted of meth-related crimes may face lengthy prison sentences.
Illegal To Possess MethamphetamineUnder California Health and Safety Code Section 11377 HSC, it is illegal to possess methamphetamine for personal use. This code section also includes controlled substances such as GHB, PCP, ketamine and certain steroids. Drugs such as cocaine, heroin, opiates, and others items are prohibited under California Health and Safety Code Section 11350 HSC. Simple possession of methamphetamine is now a misdemeanor following the passage of Proposition 47 and those convicted can be sentenced to serve up to a year in jail. Courts may consider sentencing alternatives pursuant to Proposition 36 or Penal Code Section 1000 PC that would require the defendant to undergo counseling or successfully complete treatment.
Methamphetamine Possession with Intent to SellIf the police or prosecution believes that the defendant possessed methamphetamine with the intent to sell it, the defendant can be charged with a felony under California Health and Safety Code Section 11378 HSC. The People will often look at circumstantial evidence that would imply possession for sale, such as large quantities of methamphetamine, the presence of scales and drug packaging or the discovery of large amounts of cash. Possessing methamphetamine for sale is a felony that is punishable by up to three years in county jail. Selling methamphetamine is also a felony under California Health and Safety Code Section 11379 HSC and those convicted can be sentenced to serve up to four years in prison.
Manufacturing MethamphetamineManufacturing methamphetamine is also a felony under California Health and Safety Code Section 11379.6 HSC. With the right ingredients, meth can be produced in impromptu labs from any location. The production of methamphetamine involves the use of highly reactive chemicals that can result in fires or massive explosions if not handled properly. Those convicted of producing methamphetamine can be sentenced to serve up to seven years in prison. The sentence can be extended if large quantities of methamphetamine are produced in the lab, if children are present or involved in the production of methamphetamine, if someone is injured or killed during the production process or if the defendant has a prior drug-related conviction.
Even possessing the materials required to manufacture methamphetamine can lead to felony-level charges. Under California Health and Safety Code Section 11383.5 HSC, it is illegal to possess material with the intent to manufacture methamphetamine. Some materials, such as pseudoephedrine, can be found in cold medications and often individuals are arrested after purchasing large quantities of cold medicines from several different pharmacies.
Defenses Against Methamphetamine OffensesThere are various defenses to methamphetamine-related charges that may be applicable. If the meth found as the result of an unlawful search, there may be grounds to have the drug evidence suppressed. Even when there is a search warrant involved, searches that go beyond what is allowed by the warrant or warrants that rely on false affidavits may ultimately result in evidence being thrown out in court.
If you or someone you know has been arrested for a methamphetamine-related charge, it is crucial that you speak with an attorney who is experienced in handling drug cases. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Michael Kraut understands how to effectively defend clients who are charged with possessing, selling or manufacturing methamphetamine and other controlled substances.
For more information about methamphetamine and methamphetamine-related crimes, and to schedule your free consultation, contact the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.