The court system uses California Health and Safety Code §11378 HSC: Possession of a Methamphetamine for Sale to prosecute individuals accused of possessing methamphetamine with the intent to sell it to someone else.
California HSC 11378 represents a felony charge that can result in jail time and high fines. You can learn more about this part of the California Health and Safety Code with our team at the Simmrin Law Group.
Our legal team has decades of experience, and we can help when you need answers about specific criminal charges.
The Facts About California HSC 11378
California Health and Safety Code §11378 HSC: Possession of a Methamphetamine for Sale specifically prohibits the possession of methamphetamine (meth) for the purposes of selling the drug.
Individuals can face charges under this section of the Health and Safety Code if the police claim that they:
- Unlawfully possess meth
- Knew about the presence of the drug
- Knew that the drug was a controlled substance
- Intended to sell the meth
A California criminal defense lawyer can help you learn more about the specifics of this charge.
What Is Possession of a Drug Under HSC 11378?
The court system in California considers you in “possession” of a drug even if you are not currently holding the substance in your hand at the time of an arrest. Individuals can face charges for possession just for having “control” over an illicit substance.
Can You Face HSC 11378 Charges as a Medical Professional?
You should not face charges under HSC 11378 if you possess or sell methamphetamines as a medical professional and follow all state and federal laws about the usage of this restricted substance. For example, pharmacists who fill a prescription from a doctor for the sale of a stimulant should not face HSC 11378 charges.
Penalties for HSC 11378 Violations
Individuals convicted under California Health and Safety Code §11378 HSC: Possession of a Methamphetamine for Sale may face harsh legal penalties because the court system treats this allegation as a felony. For example, individuals may face up to three years in jail and up to $10,000 in fines.
Note that individuals cannot get into a drug treatment (or drug diversion) program for an HSC 11378 conviction.
Sentencing Enhancements for HSC 11378 Convictions
The court can increase the penalties associated with an HSC 11378 conviction in some cases. Individuals can face additional time in jail if convicted of violating the law while on the grounds of:
- A detox facility
- A drug treatment center
- A homeless shelter
Additionally, individuals can face added penalties if they have over one kilogram of methamphetamine in their possession, use assistance from a minor to violate the statute, or try to sell methamphetamine to a minor.
Can an HSC 11378 Violation Impact Immigration?
A conviction under HSC 11378 can impact immigration. In fact, a conviction for this crime can result in deportation. Therefore, anyone facing this charge should seek immediate legal assistance.
Defenses for HSC 11378 Allegations
Several defenses may help individuals facing charges of possession of meth for sale. A criminal defense attorney could argue that:
An Individual Had No Intention of Selling Meth
The court should only convict individuals who have meth and intend to sell it under HSC 11378. Therefore, an attorney could argue that a client had meth for personal use to address this charge. However, in this situation, the client could still face charges under California Health and Safety Code §11377 HSC: Possession of a Methamphetamine.
An Individual Did Not Possess Meth
Individuals can avoid a conviction under HSC 11378 if an attorney can show they did not have any methamphetamine in their possession.
The Police Violated a Client’s Rights
Sometimes, police officers overstep their legal limits when conducting an investigation. An attorney could help if the police performed an unlawful search and seizure while investigating someone for possession of meth for sale.
Possible Methods to Resolve HSC 11378 Allegations
Drug crime lawyers can use several strategies to successfully handle possession of meth for sale accusations. Depending on a client’s circumstances, an attorney could focus on:
- Getting the charges reduced through a plea bargain
- Having the court dismiss the charges
- Defending a client aggressively in court
The specific strategy a lawyer utilizes will depend on the specific needs of each client facing HSC 11378 allegations.
Talk to Us After an Arrest Under HSC 11378
Our team at Simmrin Law Group can help if you or a loved one faces charges under California Health and Safety Code §11378 HSC: Possession of a Methamphetamine for Sale. We take drug crime charges seriously and have extensive experience that we can use to support you throughout the legal process.
We listen to our clients and provide personalized assistance as we build a defense designed to meet your unique needs.
You can rely on us to help every step of the way. We’re here to assist at your arraignment hearing, during the discovery process, and during any criminal proceedings you face. Reach out now so we can jumpstart your defense.