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11378 HS: Possession or Sale of Meth

Methamphetamine, more commonly known as meth, is a powerful and highly addictive stimulant. With the passing of Proposition 47 in California, most cases of possession of methamphetamine—meaning possession of the drug for personal use—are charged as misdemeanors, with up to a year of jail time if convicted. But it’s a much different story when you are charged with possessing meth for sale, which is a felony that can result in a lengthy prison sentence. 

This is why if you are facing charges of possessing methamphetamine with intent to sell, you need a drug defense lawyer on your side. The attorneys at the Law Offices of William Kroger have extensive experience helping clients accused of selling methamphetamine, and helping clients avoid prison time whenever possible. Having a knowledgeable Los Angeles drug defense lawyer on your side is crucial to your future. 

Drug charge? Contact us today at (313)-655-5700

Health and Safety Code 11378

The 11378 Health and Safety Code in California makes it a felony to possess methamphetamine for sale. This law distinguishes between those possessing meth for personal use and those with the intent to sell. The distinction is critical as it directly impacts the severity of charges and potential sentences faced by the accused. The sale of methamphetamine in California carries some severe penalties. 

Los Angeles Drug Possession Lawyer

Whether the charge is for selling or the intent to sell, possession of meth and California law shouldn’t be taken into one's own hands. The role of a Los Angeles drug possession lawyer is invaluable when facing charges under HS 11378. These legal professionals understand the nuances of meth laws in California and can navigate the complex legal system to advocate for their clients effectively. 

Methamphetamine Law Enforcement and Prosecution

What distinguishes a person who is possessing meth for personal use from a person who is possessing meth for sale? There are a number of factors that law enforcement take into consideration when determining whether someone is a recreational user or whether he or she is a dealer.

Some of the main factors are:

  • Quantity: Possessing a large quantity of methamphetamine sets off alarm bells and gives police enough reason to suspect that you are selling the drug rather than using it yourself.

  • Money: Having large quantities of cash, especially in small denominations, will make police take notice and make you a potential drug-dealing suspect.

  • Packaging: If you have methamphetamine separated into multiple little baggies that are equal in weight, and scales to weigh them, law enforcement is going to assume that you’re selling the product.

  • Suspicious behavior: If you are caught lingering or hanging around an area that is known for drug sales you are more likely to be charged with possession to sell methamphetamine.

Methamphetamine is closely linked with violent crime, gang activity and drug wars which is why it’s carefully monitored by law enforcement, who dedicate an extraordinary amount of resources, time and money to fighting against these crimes. There are specific divisions that are exclusively dedicated to eliminating the sales of methamphetamine. There are also sentencing enhancements for repeat offenders, offenses involving large meth amounts and offenses involving meth and firearms together.

Methamphetamine Possession for Sale Penalties in Los Angeles

Methamphetamine laws in California are severe. The penalties for possession of methamphetamine for sale include up to 3 years in state prison and $10,000 in fines. Non-citizens may also face deportation. Of course, charges and penalties are always on a case by case basis, and outcomes are dependent on other factors, such as having a prior criminal record. 

Defense Strategies for Sale of Methamphetamine

Experienced Los Angeles drug lawyers may employ several defense strategies:

  • Illegal Search and Seizure: Arguing the search was conducted without probable cause or a warrant.

  • Drugs Were Not Yours: Claiming ignorance of the drugs' presence.

  • Drugs Were For Personal Use: Arguing for a reduction of charges to personal possession, potentially leading to drug diversion programs instead of jail time.

Our Drug Defense Experience

In 2011, Mr. Kroger represented a young woman who was accused of possession of meth for sale. Although her situation seemed dire, we were able to get her case reduced to a misdemeanor and no jail time. It was expunged at the end of her probation. That client now has a college degree and a stable job. Being charged with this serious crime can be terrifying, but it doesn’t need to negatively impact your life forever. Having a good attorney who will fight to help you get the best possible results in regards to your case is crucial on your road to recovery.

Because methamphetamine is a highly addictive drug that makes it difficult to quit, our attorneys strongly push for rehabilitation treatments versus prison sentences. We advocate for rehabilitation instead of punishment in all drug cases. In many instances, we can work out a treatment option for clients who were initially facing prison time.

Contact An Experienced Los Angeles Drug Lawyer

Facing charges of possession of methamphetamine demands immediate action. You need an attorney with a proven track record, who advocates for rehabilitation over punishment. The Law Offices of William Kroger specialize in defending those accused of meth-related offenses, ensuring the best possible outcome for our clients. 

Drug Possession Lawyer Near Me

Contact the offices of Attorney William Kroger at (313)-655-5700 for a comprehensive consultation. 

People Also Ask: 

What is a 11378 HS charge?

A 11378 HS charge is a legal accusation for possessing methamphetamine with the intent to sell, classified under California's Health and Safety Code.

What is the difference between 11378 and 11351 HS?

The difference lies in the substance involved; 11378 HS pertains to methamphetamine possession for sale, while 11351 HS involves possession for sale of narcotics other than meth, such as cocaine or heroin.

Is 11378 HS a felony?

Yes, a 11378 HS charge is classified as a felony, indicating serious legal consequences for those found guilty of methamphetamine possession for sale.

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