California Health and Safety Code 11377(a) PC defines the crime of possession of methamphetamine. Every person who possesses any controlled substance which is methamphetamine and it is not authorized by law provisions shall be punished. Methamphetamine (also known as Meth) is an addictive stimulant strongly activating certain systems in the brain. The effect of meth is the final euphoria which can last a few minutes. It can be taken
In order to find a person guilty, the prosecution must prove the following facts:
- unlawfully possession of meth
- knowledge of its presence
- knowledge of the meth’s nature or character as a controlled substance
- the controlled substance was methamphetamine
- it was in a usable amount.
Possession of methamphetamine may be either a felony or a misdemeanor, that is to say it is a “wobbler”. The incrimination depends on the criminal history of the person as well as objective circumstances of the offense.
A person can also be placed on probation or parole on court’s discretion. Moreover, you should remember that a convicted can be eligible for California Drug Diversion Programs. Under California law, we distinguish the following types of alternative sentencing: DEJ, Proposition 36 and Drug Court. However, these programs are applicable if the person is convicted of a misdemeanor. In addition, meth possession for sale can never be considered as a misdemeanor. Thus, only drug possession for personal use can be subjected to this alternative sentencing.
There are various possibilities for your defense. Your attorney will help you to select the most suitable option to you: the possession was just for a moment, you did not know that you possessed a controlled substance; you had medical prescription and so on.
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. We will help you to understand the various aspects of your case. We are ready to provide answers to your initial questions concerning drug charges in California for free. Do not hesitate to contact us!
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California Health and Safety Code 11377(a) HS
11377. (a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code.