California’s Health and Safety code 11377 (HS 11377, for short) is the sentencing and punishment for the possession of methamphetamine, or more commonly known as crystal meth, or just meth. Possession of methamphetamine can get you up to a full year in a county jail and even include a fine of anywhere up to $1,000, depending on whether your case was charged as a misdemeanor or felony.
Before Proposition 47 (Prop 47) had been passed, a conviction of HS 11377 could result in a prison sentence if the crime was charged as a felony. But under the current law as of now, the possession of crystal meth is now almost always a misdemeanor offense, resulting in a maximum one year of jail time.
Prop 47 has been passed by the voters of California on November 4th of 2014. It is a fairly new law that which changes some low-level crimes like drug possession and petty-theft offenses, or anything relating, from possible felonies to misdemeanors. The State prison cost savings are being invested in grants for drug treatments and for mental health services for anyone in the criminal justice system, victim services, and for programs for at-risk students in grades K – 12.
While the possession of crystal meth is still a felony for a group of offenders, there are defendants who have had previous convictions for violent offenses and other defendants who’re required to register as sex offenders, only if they have had previous serious charges such as rape and sex crimes against children. For a person, simply possessing HS 11377 is now just a misdemeanor.
HS 11377 Offenses That Can Be Changed to Misdemeanors
The felony (or ‘wobbler’) offenses that can be changed to misdemeanors under Prop 47 are:
-Grand theft auto (car stolen must be worth $950 or less)
-Grand theft firearm (gun stolen must be worth $950 or less)
-Shoplifting (if value is under $950 or less)
-Penal Code 496 (receiving stolen property, (if property received is worth $950 or less))
-Forgery of a check, traveler’s check, on a money order, etc. (must be worth $950 or less)
-Violating Penal Code 476a (“Bad check” law, (if total amount of check(s) is worth $950 or less))
-Health and Safety Code 11377, possession of methamphetamine
-Health and Safety Code 11350, possession of controlled substances
-Health and Safety Code 11357, possession of concentrated cannabis
These are all eligible for falling under Prop 47 sentencing. However, some defendants may still face charges of a felony for some serious offenses, or depending on their previous history.
Prop 47 will allow anyone who is already and currently facing a felony penalty for one of the crimes that have been listed above, to apply for a re-sentencing, meaning that you may be eligible for an earlier release from jail or prison, depending on how long you have already served.
What Prosecutors Need to Convict for Health and Safety Code 11377
According to HS 11377, anyone who holds in their possession the uncontrolled substance of methamphetamine, without a legitimate prescription can be found guilty of Possession of Methamphetamines.
In order to prosecute for possessing methamphetamines in the state of California, prosecutors will have the burden to prove that you:
- Possessed methamphetamines
- Were aware of this ownership and its recognition as a controlled substance
- Had in your possession enough methamphetamine to be used as a drug
The following could be considered an example of an HS 11377 PC violation:
Brent had rented a motel room with his girlfriend. Earlier they had picked up some meth, and they were planning to stay up all night celebrating Brent’s new job. At 2:00am, Brent and his girlfriend decide to go for a walk. After a quarter of a mile, a local police officer drives up next to Brent and his girlfriend and stops his vehicle. He gets out of the car and, after noticing signs of intoxication, begins to search Brent and his girlfriend. The meth is located and Brent is brought down to the station.
Penalties For Violations
The penalties or punishment for CPC 11377 Possession of Methamphetamines health and safety code depends on your criminal background and circumstances surrounding your case.
HS 11377 Possession of Methamphetamines is filed as a misdemeanor and those found guilty can face:
- Misdemeanor – informal probation, Up to 1 Year in the Orange County Jail and a maximum $1,000 fine
11377 HS Defense
If you are facing Possession of Methamphetamines charges for California Penal Code Section 11377, you have several defense options that you could take advantage of. Regardless of whether you are ready to hire an attorney, speaking with one of our skilled drug crime lawyers could help you. Call our fill out our form today to receive assistance.