Methamphetamine
(Meth)

The Simple possession of controlled substance is a violation of Health and Safety Code section 11378. This is one of the most common charges in the criminal justice system. In order to defend a case involving the possession of cocaine base you have to under mine one of the elements of the offense. In order to find a person guilty of violating Health and Safety Code section 11378 the prosecution must prove the following elements:
1. The defendant unlawfully possessed a controlled
substance;
2. The defendant knew of its presence;
3. The defendant knew of the substance’s nature or character
as a controlled substance;
4. The controlled substance was methamphetamine;
AND
5. The controlled substance was in a usable amount.

Therefore the defense attorney must try to disprove one or more of the listed elements.

If the criminal defense attorney can not attack one of the elements of the offense the experienced criminal defense attorney can contest the admissibility of the evidence. The experienced criminal defense attorney can file a motion to suppress any and all evidence to obtained during the investigation. The experienced criminal defense attorney will be able to file and be successful in filing a suppression motion if the investigating officers violated the 4th Amendment. The 4th Amendment prohibits unreasonable search and seizures. Therefore the criminal defense attorney must review how law enforcement found the narcotics.

If the criminal defense attorney can not find a legal defense, the criminal defense attorney must next try to negotiate/mitigate the charges.

DEOJ (PC1000)
If a person is charged with a Simple Possession of a Controlled Substance the accused may be eligible for DEOJ pursuant to Penal Code section 1000. DEOJ allows for a person to enter a plea to the charge and then have the actual entry of judgement for 18 months. During the 18 month period the accused person will be required to complete a drug rehabilitation program. If the person successfully completed the drug rehabilitation program and remained law abiding the court will dismiss the charges.

Proposition 36 (PC1210)
If a person is not eligible for PC1000, because they either failed out of PC1000 or they had recently been sentenced pursuant to PC1000. PC1210 will prevent the accused from going into custody as long as they successfully complete a drug rehabilitation program and do not violate the terms and conditions of their probation.

Drug Court
Drug Court is a program that is available to individuals who are no longer eligible for PC1000 and PC1210, or they committed an offense that is not listed in those Penal Code sections. Drug Court is more intense then PC1000. The court will require the accused to complete a drug rehabilitation program, but also make regular court appearances in a special department set up for Drug Court. If the person is not successful the court will issue incremental punishment, such as custody.

Narcotics and Guns
Simple possession of narcotics while possessing a gun is a felony offense under California law in violation of Health and Safety Code section 11370.1.
Possession of Narcotics while possessing a gun.
1. The defendant unlawfully possessed a controlled substance;
2. The defendant knew of its presence;
3. The defendant knew of the substance’s nature or character
as a controlled substance;
4. The controlled substance was cocaine/methamphetamine/heroin;
5. The controlled substance was in a usable amount;
6. While possessing that controlled substance, the defendant had a loaded, operable firearm available for immediate offensive or defensive use;
AND
7. The defendant knew that (he/she) had the firearm available for immediate offensive or defensive use.

Possession of Methamphetamine for Purposes of Sale

The possession of methamphetamine for purposes of sale is a violation of Health and Safety Code section 11378. In addition to possessing methamphetamine for sale if the methamphetamine is move or transported the prosecution may also charge the accused with the transportation of cocaine or cocaine base pursuant to Health and Safety Code section 11379. If a person actually engages in a transaction and sells methamphetamine the person can be charged with selling methamphetamine base also in violation of Health and Safety Code section 11379.

Health and Safety Code section 11378
In order for the prosecution to obtain a conviction for the possession of methamphetamine for the purposes of sale the prosecutor must prove each of the following elements beyond a reasonable doubt:

1. The defendant unlawfully possessed a controlled substance;
2. The defendant knew of its presence;
3. The defendant knew of the substance’s nature or character as a controlled substance;
4. When the defendant possessed the controlled substance, (he/she) intended to sell it;
5. The controlled substance was Methamphetamine;
AND
6. The controlled substance was in a usable amount.
Selling for the purpose of this instruction means exchanging methamphetamine for money, services, or anything of value.

Health and Safety Code section 11379

In order for the prosecution to obtain a conviction for the Sell or transportation of methamphetamine the prosecutor must prove each of the following elements beyond a reasonable doubt:

1. The defendant unlawfully offered to (sell/furnish/administer/give away/transport/import into California) methamphetamine a controlled substance;
AND
2. When the defendant made the offer, (he/she) intended to (sell/furnish/administer/give away/transport/import) the controlled substance.

Selling for the purpose of this instruction means exchanging a controlled substance for money, services, or anything of value.

A person transports something if he or she carries or moves it from one location to another, even if the distance is short.

A person administers a substance if he or she applies it directly to the body of another person by injection, or by any other means, or causes the other person.

The state will try to prove that the accused had the intent to sell Methamphetamine by the amount of Methamphetamine possessed by the accused, whether the Methamphetamine is package in small bindles. The state may try to admit evidence of a Prior Conviction for the sale or the possession for sale of Methamphetamine, and any other indicia of sale (such as the possession of scales, chemicals to breakdown or cut the drugs and ledgers also known as pay and owe sheets)

In addition, to using physical evidence to prove that the accused that possessed the Methamphetamine possessed the Methamphetamine for sale the state will also call an experienced narcotics detective or agent to give an opinion as to whether or not the Methamphetamine was possessed for sale.

In order to defend a person charged with Possession of Meth for sell the defense attorney has to take a multi-layered approach. First the defense attorney must determine if there was any police or law enforcement malfeasance that could lead to the suppression of evidence. If there were search warrants sealed or not sealed they must be reviewed for legal sufficiency. If they were informants the attorney must determine if the informant has any information that may exonerate the person charge or mitigate any punishment.

Furthermore, a defense attorney may want to call their own expert if the person charged with possessing Methamphetamine was actually only possessing the Methamphetamine for personal use and not for purposes of sale.