Possession of Methamphetamines for sale is similar to having possession of other types of narcotics and controlled substances – with the intent to sell them. The prosecution and jury will examine the quantities found, the offender’s criminal history, and so much more when coming up with the final sentencing. 

The penalties for this crime include up to three years in the California State Prison as the maximum sentencing, and up to six months as the minimum.  Furthermore, the offender is also subject to up to $10,000 in fines.

The elements of the crime include that the offender had actual possession of the methamphetamine – meaning they were found with the drug by law enforcement. Another form of possession includes constructive possession which essentially means that methamphetamines are elsewhere, however the offender still has control over the substance. As an example, a police warrant may have uncovered the methamphetamines at the offender’s home – and even though they were not present at the time, he or she can still be prosecuted for possession of methamphetamines.

In addition, the prosecution will have to prove that the offender knew this was in their possession. And finally, the other element of this crime is that the prosecution must have sufficient evidence that the offender intended to sell the meth (an abbreviation commonly used).

Top defenses for this crime include that the drugs were owned for personal use only, and in this event the fines are lowered. If the drugs are actually sold and this is discovered, fines and penalties are usually increased.

If you are facing Possession of Methamphetamine for Sale charges for California Health and Safety  Code Section 11378, the criminal defense attorneys at MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time.  Call us today at (949) 250-6097.