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CA Health & Safety Codes 11378 and 11377

Posted in General FAQ'S on May 15, 2017

California has several laws regarding the sale and possession of illicit substances. There are two health and safety codes that relate to methamphetamine in particular: 11378 HS and 11377 HS. These two codes break down what is illegal in the state when it comes to methamphetamine, as well as the penalties lawbreakers may face. Here is what you need to know about these two codes and what they might mean for people charged.

11378 HS: California Possession of Methamphetamine for Sale

California Health and Safety Code 11378 pertains to individuals who have methamphetamine in their possession for the purpose of selling or dealing them to others. This is a more serious crime than 11377 HS, which deals with simple possession of methamphetamine for personal use. According to 11378 HS, it is illegal to possess for sale “stimulants, party drugs, and illegal steroids” as well as methamphetamine.

Illegal drugs under 11378 HS include ecstasy, PCP, GHB, and “special K.” The law does not, however, include possession of commonly abused substances such as marijuana, cocaine, or heroin for sale. According to the law, police may convict a person of methamphetamine possession for sale under 11378 HS if the prosecutor can prove that the defendant:

  • Possessed a prohibited controlled substance
  • Knew he or she possessed the substance
  • Knew the drug was a controlled substance
  • Possessed enough of the drug to sell
  • Possessed the drug with the intent to sell it

“Possession” can be actual, such as holding or carrying the drug, but it can also be constructive or joint. Constructive possession means the meth was in a location that you controlled, such as your home or office, while joint possession means that you shared possession with others. If someone else possesses methamphetamine to sell on your behalf, police may still convict you of the crime.

11377 HS: California Possession of Methamphetamine

California Health and Safety Code 11377 HS deals with the possession of methamphetamine for personal use, not for sale. It also includes other stimulants, party drugs, and anabolic steroids, much like 11378 HS. This rule also has the same requirements for conviction, except for possession of the drug for sale. Instead, there must be enough of the drug to constitute personal use. An individual may be able to fight 11377 HS charges if he or she has a valid prescription for the substance, proof that the drug belonged to someone else, or evidence that the officer made an error in search and seizure.

Penalties for 11378 HS vs. 11377 HS

After the passing of Proposition 47, simple possession of methamphetamine for personal use in California is only a misdemeanor (unless the courts have previously convicted the defendant of a sex crime or other serious offense). It carries a maximum of one year in jail and/or fines of up to $1,000, with eligibility to attend a drug diversion program instead of going to jail. A person may not be eligible for drug diversion if he/she is a third-time or greater nonviolent offender, or if he/she plead guilty to selling meth or possessing it for sale.

Possession of methamphetamine for sale, on the other hand, comes with much steeper penalties. Conviction of this crime comes with a felony charge and a maximum sentence of three years in jail and/or fines of up to $10,000. In addition, individuals are not eligible for drug diversion programs.

It may be possible for a defense attorney to convince the courts that the defendant only possessed meth for personal use, and not for sale. This would significantly reduce the charges against the defendant. In some cases, a plea bargain can lead to the individual getting the drug help he or she needs for a better future, rather than a jail sentence. After completing a drug diversion program, for example, it is common for the courts to dismiss drug charges.