Possession Of Methamphetamine For Sale (Health & Safety Code § 11378)
Possession of Methamphetamine for Sale (or "Possession for Sale") is the unlawful possession of methamphetamine with the purpose or intent of selling it. (This code section also covers the unlawful possession for sale of other specified non-"narcotic" substances such as steroids, ketamine and others).
A Defendant does not need to be caught in the act of selling methamphetamine to be charged with possession of methamphetamine for sale. The intent to sell may be inferred by facts such as the amount of methamphetamine possessed, the presence of cash, the presence of packaging materials such as baggies, or other possible facts that may lead to a conclusion that the methamphetamine was not just for personal use.
If you or someone you care about is facing a drug charge, the criminal defense attorneys at the Weinrieb Law Firm can help explain the charges and properly defend against them. We can be reached twenty-four hours a day, seven days a week at (818) 933-6555.
Elements of Possession of a Controlled Substance for Sale charge
The prosecution must prove the following facts to convict a defendant of Possession of Methamphetamine for Sale:
- Control – Defendant had physical "control" or the power to control the methamphetamine
- Knowledge – Defendant knew the methamphetamine was present
- Quantity – Defendant possessed an amount of methamphetamine that was enough to infer that it was for sale – a very small quantity suggests that it was for personal use and not for sale
- Intent to Sell – Defendant possessed or purchased the methamphetamine with the specific intent to sell it or for someone else to sell it. Evidence of intent to sell may include the quantity of the drug; how it is packaged or the existence of packaging materials in the same location; the amount of money found on defendant or near the drugs; and the absence of paraphernalia indicating personal use.
Punishments for Possession of Methamphetamine for Sale
Possession of Methamphetamine for Sale is a felony punishable by 16 months, two years, or three years in state prison.
Drug treatment under Penal Code section 1000 or Proposition 36 are not available alternatives to incarceration when the charge is Possession of Methamphetamine for Sale.
Defenses to a Possession of Methamphetamine for Sale charge
Potential defenses to a Possession of Methamphetamine for Sale charge will depend on the facts of the case, but may include:
- Lack of Intent to Sell – Insufficient direct or indirect evidence exists to show that the defendant intended to sell the methamphetamine
- Entrapment – Under California law, entrapment occurs when a "normally law abiding person" is induced to commit a crime, in this case possession of methamphetamine for sale, that he otherwise would not have committed
- Unlawful Search and Seizure – Law enforcement found the methamphetamine as part of an unlawful search or seizure of Defendant's person or premises under his control
- Lack of Knowledge – Defendant was unaware that he possessed the methamphetamine: for example, another person placed the substance in Defendant's bedroom, vehicle or locker, etc.
- Lack of possession – Defendant did not possess the methamphetamine: for example, Defendant was only present while other people used methamphetamine or Defendant only held the methamphetamine for use by another person
Contact UsIf you or someone you care about is facing criminal investigation or criminal charges of any type, please contact the criminal defense attorneys at the Weinrieb Law Firm. We can be reached twenty-four hours a day, seven days a week at (818) 933-6555, or through the confidential and secure email form on the firm's website at www.VWattorneys.com.