Methamphetamine is a restricted, highly controlled substance that carries with it harsh penalties for both manufacture and possession. If you have been charged with possession of methamphetamine, its sale or manufacture, you must contact a lawyer immediately.
San Diego Lawyer for Methamphetamine Charges
The Drug Enforcement Agency, or DEA, can and will prosecute anyone it believes may be involved in the trade of methamphetamine and its products. It can be easy to be caught in the crossfire of the DEA’s war on drugs. Methamphetamine users are often addicted to its use, and unfortunately find themselves punished for their illness rather than rehabilitated.
Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving methamphetamine and other serious drug-related crimes. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.
Overview of Methamphetamine Laws in California
California law addresses methamphetamine offenses under the California Health and Safety Code (HSC). The key statutes include:
- HSC § 11377: Governs simple possession of methamphetamine and similar controlled substances for personal use.
- HSC § 11378: Covers possession of methamphetamine with the intent to sell.
- HSC § 11379: Addresses the transportation, importation, sale, or distribution of methamphetamine.
- HSC § 11379.6: Focuses on manufacturing methamphetamine, including steps to chemically produce the drug.
Methamphetamine is classified as a Schedule II controlled substance under HSC § 11055, meaning it has a high potential for abuse but has limited medical uses under strict regulation. Violations of these statutes can result in severe penalties, including imprisonment and fines. The exact charges and penalties depend on factors like the quantity of drugs involved and the specific conduct of the accused.
How Juries in Criminal Meth Cases Evaluate Charges
To convict someone of methamphetamine-related charges, juries must decide whether the prosecution has proven its case beyond a reasonable doubt. Specific instructions from the California Judicial Council’s Criminal Jury Instructions (CALCRIM) guide juries on these matters, including:
- CALCRIM No. 2304: Explains the elements of simple possession, requiring proof that the defendant knowingly possessed a usable amount of methamphetamine and knew its nature as a controlled substance.
- CALCRIM No. 2302: Details the requirements for possession with intent to sell, including proof of intent to distribute.
- CALCRIM No. 2300: Provides guidelines for charges involving transportation of methamphetamine for sale, requiring proof that the defendant transported the drug knowingly and intended for it to be sold.
Reduced or Amended Charges in Methamphetamine Cases
In California, some methamphetamine charges can be reduced to lesser offenses, depending on the evidence and circumstances. Common lesser included offenses include:
- HSC § 11350: Simple possession of a controlled substance. This charge may apply when there is no evidence of intent to sell or distribute methamphetamine.
- HSC § 11550: Being under the influence of methamphetamine. This misdemeanor charge is used when there is no direct possession but evidence of drug use exists.
Certain offenses, like simple possession, may be eligible for reduction to misdemeanors under Proposition 47, provided the defendant meets eligibility requirements.
Penalties for Methamphetamine Charges in California
The penalties for methamphetamine charges in California vary based on the specific offense. Examples include:
- Simple Possession (HSC § 11377): Misdemeanor penalties include up to one year in county jail and a fine of up to $1,000. Repeat offenses or prior serious convictions may elevate the charge to a felony.
- Possession with Intent to Sell (HSC § 11378): A felony punishable by 16 months, two years, or three years in state prison.
- Transportation, Sale, or Distribution (HSC § 11379): A felony punishable by two, three, or four years in prison. Transportation across non-contiguous counties increases the penalty to three, six, or nine years.
- Manufacturing (HSC § 11379.6): A felony carrying three, five, or seven years in prison. Aggravating factors, such as harm to others or large-scale production, can result in additional penalties.
Probation and Alternatives to Jail in California Meth Cases
California offers several alternatives to jail for methamphetamine offenses, depending on the charge and the defendant’s criminal history. These options can provide opportunities for rehabilitation rather than punishment. Examples include:
- Proposition 36: Allows non-violent drug offenders to participate in court-supervised treatment programs instead of serving jail time. Successful completion may lead to dismissal of charges.
- Penal Code § 1000 Pretrial Diversion: This program is available for eligible defendants charged with simple possession. It allows for treatment and education, with charges dismissed upon successful completion.
- Drug Court: Offers an intensive program involving treatment, regular court appearances, and drug testing for individuals seeking recovery.
However, it typically takes an experienced attorney to convince law enforcement agencies to adopt a rehabilitative, rather than a punitive stance.
Methamphetamine Laws FAQ
“What if the methamphetamine wasn’t mine?”
Constructive possession laws in California mean that individuals can be charged if they had the right to control the drugs, even if they did not physically possess them.
“Can I face charges if the drugs were found in a shared space?”
Yes, but the prosecution must prove the accused knew about the drugs and exercised control over them.
“Does a first offense always lead to jail time?”
Not necessarily. Many first-time offenders qualify for diversion programs or probation instead of incarceration.
“Can I have my record cleared after a conviction?”
Certain drug-related convictions may be eligible for expungement under Penal Code § 1203.4, but eligibility depends on the circumstances. To qualify, the defendant must have successfully completed probation and not currently be on probation, in jail, or facing new criminal charges. Expungement can help mitigate the collateral consequences of a conviction, such as employment and housing challenges.
Additional Resources
2021 Methamphetamine Use by San Diego County Arrestees
This SANDAG report provides detailed data on methamphetamine use among arrestees in San Diego County in 2021. It explores testing results, usage patterns, availability perceptions, and reasons for use. The document highlights meth’s impact on individuals and communities and offers insights into trends over 20 years. It serves as a resource for policymakers and researchers analyzing substance abuse challenges.
Methamphetamine FAQs
This FAQ page, hosted by the County of San Diego, answers common questions about methamphetamine, including its street names, legal uses, effects, and production process. It also provides information on the Methamphetamine Contaminated Property Cleanup Act of 2005. Readers can use this resource to better understand the substance’s legal and social implications.
USSC on Methamphetamine Trafficking
The United States Sentencing Commission’s resource offers key statistics on methamphetamine trafficking cases in fiscal year 2023. It details offender demographics, sentencing trends, and guideline applications. The document provides insights into mandatory minimum penalties, sentence reductions, and sentencing disparities.
Assembly Bill No. 1078: Methamphetamine Contaminated Property Cleanup Act
This legislative resource outlines the Methamphetamine Contaminated Property Cleanup Act of 2005, which establishes standards for addressing contamination in properties used for meth production. The act includes procedures for testing, cleanup, and certification of affected sites. This document is essential for understanding state-level regulations concerning public health and property remediation related to methamphetamine.
Hire an Attorney for Methamphetamine in San Diego County, CA
Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving methamphetamine and other drug related crimes. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.