California Health & Safety Code 11377 – Possession of Methamphetamine

Overview

California Health & Safety Code 11377 HS makes it a crime to possess methamphetamine for personal use without a prescription. Since Proposition 47 passed in 2014, simple meth possession is now typically a misdemeanor—but it can still carry serious consequences, especially for non-citizens or those with prior records.

At Jones Trial Attorneys, we understand the legal and personal challenges meth charges can create. Whether you’re struggling with addiction or were wrongly accused, we fight to resolve the case with compassion and strategy—often without a conviction.

Legal Definition

Health & Safety Code § 11377(a) states:

“Except as otherwise provided… every person who possesses any controlled substance classified in Schedule III, IV, or V… including methamphetamine… shall be punished accordingly.”

Methamphetamine is a Schedule II stimulant and cannot be legally possessed without a valid prescription (rare in medical settings).

Elements of the Crime

To convict someone under HS 11377, the prosecution must prove:

1. You unlawfully possessed methamphetamine;

2. You knew of its presence;

3. You knew it was a controlled substance;

4. The substance was in a usable quantity.

Possession can be actual (on your person) or constructive (in your vehicle, bag, or home).

Penalties for Possession of Methamphetamine

After Prop 47, HS 11377 is generally charged as a misdemeanor, punishable by:

• Up to 1 year in county jail

• A fine of up to $1,000

• Misdemeanor probation

• Drug education or treatment

Felony Possession (rare) may apply if:

• You have certain serious or violent prior felonies

• You are a registered sex offender under PC 290

Diversion Options and Alternatives to Jail

Many clients facing meth possession are eligible for pretrial diversion, including:

• PC 1000 – Deferred Entry of Judgment

• Penal Code 1001.95 – Pretrial Diversion

• Prop 36 – Treatment in Lieu of Jail

Successful completion can result in dismissal of charges and no criminal record.

Defenses to HS 11377 Charges

We’ve helped hundreds of clients resolve meth cases across San Diego. Common defenses include:

• Illegal search or seizure – The drugs were found through an unconstitutional stop or search

• Lack of knowledge – You didn’t know the substance was present

• Not a usable amount – The quantity was residue or unusable

• The meth wasn’t yours – Common in shared living or transportation situations

• You qualify for diversion – Strong option for first-time or low-level offenses

We fight for treatment, not punishment, when possible—and push for full dismissals through diversion.

Immigration and Employment Consequences

Meth possession is a drug offense that can lead to:

• Deportation or inadmissibility

• Loss of DACA, green card, or visa status

• Barriers to employment in healthcare, education, or government

We resolve these cases in ways that protect your immigration future and keep your record clean.

Related Offenses

• HS 11350 – Possession of Controlled Substances

General statute for heroin, cocaine, etc.

• HS 11364 – Possession of Drug Paraphernalia

Often charged alongside meth possession

• HS 11378 – Possession of Meth for Sale

More serious offense involving intent to distribute

How Jones Trial Attorneys Can Help

Meth possession charges can be frightening—but they’re also highly defendable. We explore every option for dismissal, treatment, or reduced charges—and we never treat you like a case number.

💼 Free consultations

⚖️ Trial-tested representation

📍 Local San Diego firm with deep courtroom experience

Talk to a Drug Crimes Attorney Today

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.