Monder Law Group - News
Penalties for Meth Possession & Trafficking in CA
Meth (Methamphetamine) has been a growing concern throughout the US for the past several decades. In the past couple of years especially, the misuse of this highly potent and addictive drug skyrocketed. With its spread, many states have seen a head-spinning increase in meth-related crimes.
California is among the states that suffer most from this issue, due to its proximity to Mexico, which is where the majority of the substance is produced. To combat the growing epidemic, the State implemented an array of stringent legal solutions, addressing various aspects of meth-related offenses.
Penalties for these crimes reflect California’s no-nonsense policy. Whether it’s possession, distribution, trafficking, or manufacturing, potential repercussions for methamphetamine crimes are severe and may range from hefty fines to lengthy prison sentences.
Given the gravity of the charges, it is crucial to understand what being involved in the illicit meth trade can lead to. This guide will provide you with the basics sufficient to comprehend the implications. However, for a comprehensive breakdown, it is crucial to enlist the help of an adept San Diego meth drug crime attorney.
What is the penalty for possession of meth in California?
Although meth possession charges are the least severe of all, they can still have significant legal consequences and long-term repercussions. Here, we must differentiate between the two specific instances:
Simple possession
Governed by the California Health and Safety (HS) Code §11377(a), simple possession or “possession for personal use” is typically tried as a misdemeanor if there are no aggravating circumstances. In this instance, the penalty can be either up to one year in state prison, a $1,000 fine, or both.
However, if aggravating factors are present, such as an excessive quantity of drugs or the presence of previous drug charges, the case can escalate to a felony. This carries more severe penalties, including a prison sentence of up to 16 months, two years, or three years.
In addition, if the quantity of meth exceeds 1kg, the defendant may be subject to additional 3-15 years in state prison atop the previous sentence. This is triggerable even if there was no intent to sell, which leads to our next point.
Possession with the intent to sell
If the persecution can prove beyond a reasonable doubt, that the defendant had the intention to sell methamphetamine, the case escalates from HS §11377(a) to HS §11378. It is important to note that, while the “intent” to sell is not the same as actually selling, this offense imposes more severe penalties than simple possession.
Possession with the intent to sell is punishable by 16 months, two years, or three years in state prison. The presence of aggravating factors imposes further enhancements to the sentence in the form of additional prison time, as well as the prospect of facing additional charges.
What is the penalty for trafficking meth in CA?
Governed by the HS §11379, sales and transportation of methamphetamine is a “straight felony” and, as such, cannot be reduced to a misdemeanor. As a severe offense, meth trafficking carries significant penalties, starting at two, three, or four years in state prison, a $10,000 fine, or both. However, enhancements apply if there are certain aggravating factors, most notably:
- Meth was transported across at least two county lines ⇒ The initial prison sentence can be increased to three, six, or nine years;
- Sales took place within 1,000 yards of a drug treatment center, detox facility, or homeless shelter ⇒ Sentence enhancement of one year;
- Minor was involved in the selling in any way ⇒ Additional three, six, or nine years of prison time;
- Quantity of meth exceeds 1kg ⇒ Prison sentence enhancement of up to 15 years.
Who’s the leading San Diego meth drug crime attorney near me?
Whether you’re charged with meth trafficking, heroin possession with the intent to sell, or similar drug-related crimes, turning to Monder Criminal Lawyer Group is your best choice. Our team comprises some of the best attorneys on either side of the San Diego River, each fully committed to fiercely defending your rights under California law.
Our extensive experience in the field and comprehensive knowledge of the subject matter ensures a robust defense strategy, tailored to the specific circumstances of your predicament, as well as mindful guidance through the entirety of the process. Contact us today for a confidential consultation and let us secure the best possible outcome for your case!
