near me
Health And Safety Code 11378 HS - Possession Of Meth For Sale


Under California Health and Safety Code 11378 HS, possession of methamphetamine for sale is considered a serious drug crime. This statute outlines the illegal act of possessing a controlled substance, specifically methamphetamine, with the intention of distributing or selling it.

When discussing HS 11378, the concept of “intent” is different from the actual act of selling or transporting the illegal drug. Methamphetamine is listed as a controlled substance according to HS 11378 due to its classification as a Schedule II stimulant.

The offense of possessing methamphetamine with the intent to sell, as defined in Health and Safety Code Section 11378, is different from the offense of simple possession, which is prosecuted under Health and Safety Code Section 11377. Being charged with a violation of HS 11378 does not necessarily require being caught in the act of physically selling methamphetamine. The accusation typically revolves around the defendant being in possession of a certain quantity of methamphetamine with the intent to sell the narcotics, either immediately or at a later time.

Health and Safety Code 11378 includes various other controlled substances like opiates, ketamine, ecstasy, GHB, and PCP. The intention to sell methamphetamine can be proven based on multiple factors like the quantity of meth in possession, the presence of baggies and a scale, a large amount of cash, and any indications that the methamphetamine was not intended for personal use.

Meth Laws in California

Under California law, it is illegal to possess, sell, transport, or manufacture methamphetamine.

  • Possession of methamphetamine can result in a misdemeanor charge under California Health and Safety Code 11377, under certain circumstances, such charges may even be dismissed pursuant to a drug diversion program (Penal Code section 1000).
  • Selling methamphetamine or transporting it with the intent to sell, however, is a much more serious crime and  is charged as a felony under California Health and Safety Code 11379. Penalties may include fines and/or imprisonment for two, three, or five years.
  • Possessing methamphetamine with the intent to sell is also a felony under California Health and Safety Code 11378,; penalties include fines and/or imprisonment for 16 months, two, or three years.

A conviction for possession, sale, or transportation of methamphetamine can have serious consequences, including on employment and housing opportunities.

See also  CALIFORNIA PCP LAWS: HS 11550, HS 11379.5, HS 11378.5, HS 11377

Elements – California Penal Code 11378 PC

To secure a conviction for possession of meth with intent to sell in violation of Health and Safety Code 11378, the prosecutor must prove specific factors beyond a reasonable doubt. These factors are outlined in CALCRIM 2302 Jury instructions. They include:

  • Unlawful possession: The defendant must have knowingly and unlawfully possessed a controlled substance, specifically methamphetamine.
  • Knowledge: The prosecution must establish that the defendant was aware of the presence of the methamphetamine and knew that it was a controlled substance
  • Quantity: The amount of methamphetamine possessed by the defendant must be sufficient to indicate an intention to sell or distribute it.
  • Intent to sell: The prosecution needs to demonstrate that the defendant possessed the methamphetamine with the specific intent to sell it.

Possession of meth can be proven in different ways.

  • Actual possession: This means that the meth was physically found on the person, such as in their pockets or hands.
  • Constructive possession: In this case, the meth was not found on the person directly, but it was located in an area under their control, like their residence or vehicle.
  • Joint possession: This refers to a situation where multiple individuals share control or access to the meth.

In order to establish possession of meth for sales, prosecutors often rely on various types of evidence. This may include the quantity of drugs, how they were packaged, the presence of a large amount of cash, the existence of scales, and the absence of drug paraphernalia.

By presenting such evidence, the prosecutor aims to demonstrate the defendant’s intent to sell or distribute the meth.

Is HS 11378 A Felony or Misdemeanor?

Conviction of possession of methamphetamine with intent to sell under Health and Safety Code Section 11378 is always classified as a felony offense.

11378 HS Prop 47

Proposition 47, passed by California voters on November 4, 2014, made certain non-serious and nonviolent drug offenses, including simple possession of methamphetamine, eligible for reduced charges from a felony to a misdemeanor. While Proposition 47 allows for the reduction of certain drug offenses to misdemeanors, HS 11378, which specifically deals with possession of methamphetamine for sale, is not eligible for reduction under this proposition. This means that if a person is convicted of possession of methamphetamine for sale under HS 11378, it would still be considered a felony offense.

What is the Penalty for HS 11378 – Possession of Meth For Sale?

If found guilty, the potential penalties include:

  • The defendant may face a prison term ranging from 16 months to 3 years in a California state prison.
  • The court can impose fines of up to $10,000.
  • Formal felony probation can be granted as part of the sentence.

In addition to these penalties, there are various sentencing enhancements that can apply based on aggravating factors:

  • If the methamphetamine possession occurred within 1,000 feet of a drug treatment facility or homeless shelter, an additional one-year sentence enhancement can be imposed.
  • Possession of more than one kilogram of meth can result in an additional three to fifteen years in state prison.
  • If the defendant used a minor to sell the meth, the judge can order an extra three, six, or nine years of imprisonment.
  • If a defendant used a minor to assist in drug sales, they may also face additional charges under California Penal Code 272.

How to Fight HS 11378 Possessing Meth For Sale Charges

Unlawful Search and Seizure

One common defense against possession of methamphetamine for sale charges (HS 11378) is arguing against an unlawful search and seizure. If law enforcement obtained the evidence through illegal means that violated your Fourth Amendment right against unreasonable searches and seizures, your attorney can argue that the evidence has to be suppressed and cannot be used against you.

Law enforcement must have a valid search warrant signed by a magistrate, establishing probable cause, in order to search someone. However, there are exceptions to this rule, such as when the evidence is in plain view of the police, when it is found during a search incident to arrest, or under the Gant exception for searching the passenger compartment of a vehicle.

Please note; many searches conducted by law enforcement are warrantless searches that are still upheld in California criminal courts. To determine whether there are valid challenges that could lead to a successful outcome, it is crucial to review the specific details of your case. Therefore, it is recommended to consult with an experienced criminal attorney in Los Angeles who can assess your situation and potentially file a California Penal Code 1538.5 PC motion to suppress the evidence.

Not Intend To Sell

In order to prosecute someone for possession of methamphetamine with the intent to sell under HS 11378, it is necessary to establish the element of intent. However, if you were in possession of the methamphetamine solely for personal use, you could instead be charged with the lesser offense of simple drug possession under Health and Safety Code 11377.

One potential defense strategy is to argue for the reduction of the sales charges to a simple possession charge, which would make you eligible for a drug diversion program. This is because a simple drug possession charge is more favorable, with less severe penalties and the possibility of having the charge reduced to a misdemeanor. Furthermore, if any jail time is necessary, it would be served in a county jail instead of a California state prison.


Successfully using this defense will depend on whether there is evidence of drug sales activity, such as the quantity of methamphetamine involved, the presence of large amounts of cash, and the presence of paraphernalia commonly associated with drug sales, like baggies and scales.

Immigration Consequences:

Depending on various factors such as the specific circumstances of the case and the defendant’s immigration status, possession for sale of methamphetamine under California Health & Safety Code § 11378 can have immigration consequences including deportation, inadmissibility, and being considered a crime involving moral turpitude.

To fully understand the immigration consequences specific to HS 11378 in California, it is recommended to consult with an immigration attorney who specializes in the field. If you do not have or know of an immigration lawyer, the Tabibnia Law Firm can refer you to one.

Source: ILRC – Quick Reference Chart for Determining Immigration Consequences

Related Crimes:

Contact Tabibnia Law Firm For Legal Help

If you or a loved one is facing charges for methamphetamine sales under Health and Safety Code Section 11378, we recommend reaching out to Tabibnia Law office at 866-713-2159. A skilled Los Angeles drug crime defense attorney, Mr. Cyrus Tabibnia, can review your case details and discuss the available options.

Mr. Tabibnia will diligently work on preparing a strategic defense to achieve the best possible outcome for your case. This may include negotiating with the prosecutor for reduced charges or even getting the case dismissed. Understand the drug offender registry in California if you have been convicted of certain drug offenses.

If you have been arrested on drug-related charges, consult with an experienced Los Angeles drug crime defense attorney from Tabibnia Law Firm.

Tabibnia Law Firm is serving its clients throughout Southern California including Santa Monica, Los Angeles, Orange County, Beverly Hills, San Fernando Valley, Ventura county, Riverside County, Sherman Oaks, Encino, Pasadena, Burbank, Glendale, Long Beach, Palmdale, Santa Clarita, Monterey Park, La Puente, Van Nuys, Pomona, Manhattan Beach, West Covina, Whittier, Downey, Woodland Hills, Norwalk, Torrance, Redondo Beach, San Bernardino, Walnut Creek, Inglewood, Lancaster, Westlake Village and nearby areas.

Cyrus Tabibnia

Cyrus Tabibnia

Cyrus Tabibnia, also known as Shahrooz Tabibnia, is a criminal defense lawyer in Los Angeles, California. With a law degree from Loyola Law School, Los Angeles, he has been practicing law since 2005 and holds license #237348. With over 18 years of experience, Cyrus specializes in various misdemeanor and felony criminal Law including Domestic Violence, Theft Crime, Sex crime, DUI & DWI, Personal Injury, Employment Law, and Cannabis & Marijuana Drugs Law. Being bilingual in English, Persian, and Spanish enables him to effectively communicate with a diverse range of clients. From 2014 to 2018, he served as a board member of the Iranian American Bar Association. An expungement attorney in Los Angeles who can assist you in clearing your criminal record in the state of California.

    Get A Case Review Today

    Please prove you are human by selecting the cup.

    EXCELLENT rating
    Based on 33 reviews
    My family had an urgent matter late on a Friday night. Cyrus took our call at 10p, listened to our situation, and answered all our questions. He was thorough in his explanations and addressed our concerns. What we appreciated the most was that he was not pushy and walked us through different approaches for our situation. We have not needed legal representation yet, but with Cyrus’ flexibility, transparency, and straight forwardness, we would highly recommend him.
    14 December 2023
    I had a DUI charge where I was having difficulties having an attorney give me the time of day to hear me about my case. I called different places and finally found Cyrus Tabibnia Law Firm a criminal Defense Attorney. I called him and he promptly returned my call. He sat down with me and listened to me, he understood my situation and gave me the peace of mind that lifted the stress I was going threw off my shoulders. He took control and walked me through everything. He explained the process of what to expect and what to do. Whenever I needed to talk to Cyrus, he made himself available to me. I was happy with the outcome of my case and would definitely recommend anyone to give Cyrus Tabibnia a call if they need a dependable criminal attorney to represent them.
    E T
    E T
    19 November 2023
    I have appreciated working professionally with Mr. Cyrus Tabibnia and his law firm on various cases that will assist his clients.
    Roxanna Rahban
    Roxanna Rahban
    14 November 2023
    Excellent Attorneys AND Customer service. They were patient, kind, and incredibly clear in their communications regarding my case and followed up promptly at each step of the process. I felt seen, heard and valued as a client and highly recommend this firm to anyone who is looking for kindness, professionalism and great results.
    Alexandra Sophia Marsalis
    Alexandra Sophia Marsalis
    14 November 2023
    Dedicated Attorney I have had the privilege of knowing attorney Cyrus Tabibnia since 2010, when he used to be a dedicated Board member at our local Bar Association in Los Angeles. He has always been respected by his colleagues for his legal contribution to the members of the Bar Association. While interacting with him professionally, I have found him to be a man of integrity, a competent counsel and zealous advocate for his clients in a variety of civil and criminal cases. Despite his busy professional schedule, Cyrus adheres to his family values and keeps his precious friendship with the rest of us. I am honored to call Cyrus a colleague and endorse him for the services that he offers to the public.
    Zaher Fallahi
    Zaher Fallahi
    14 November 2023
    I consulted Cyrus Tabibnia on a civil legal matter / tenant matter and he provided very helpful legal guidance. He's quite knowledgeable and experienced, as well as professional and genuinely concerned. I highly recommend Tabibnia law firm.
    shay khan
    shay khan
    28 September 2023
    Let’s be real needing a Criminal Defense Attorney is always unexpected and stressful. If the unexpected happens call Cyrus, he is extremely knowledgeable and professional. Grateful we had Cyrus on as a defense Attorney!
    Isaac Lopez
    Isaac Lopez
    18 September 2023
    Several years ago, I was contending with a serious legal issue. Out of the blue, I became aware that a corporation had obtained a large civil money judgment against me, in court, and on a case I was not aware of. When I became apprised of the judgment and the company's efforts to enforce the debt against me, I became angry and concerned. How would this case and judgment affect my financial future? Was there any way to fix this? I approached several other attorneys for assistance, but they all said the same thing: that because the judgment was over a year old (almost 2 years old, actually) it would be extremely difficult, if not impossible, to remove the judgment and to re-open the case. Given what other attorneys had told me about my case, I was not hopeful. But I decided to turn to and hire the Tabibnia Law Firm because I was aware of their strong reputation in both civil law matters and criminal defense cases. Mr. Tabibnia went out of his way to fight for me. To my great surprise, he convinced the court to set aside the judgment against me and to re-open the case. And months after getting the case re-opened, I was astonished when he then got the case completely dismissed! So, I went from having a large money judgment against me to getting the judgment removed and case dismissed in a matter of months. Throughout the process, I found Mr. Tabibnia to be honest, aggressive, competent and extremely fair with his fees. Most importantly, he kept me informed throughout the case. I cannot recommend the Tabibnia Law Firm highly enough.
    Arian T
    Arian T
    27 August 2023
    Hello Mr. Attorney Shahruz Tabibnia. I Wanna To Say All People..!! Mr. Attorney Shahruz Tabibnia Is Amazing Profecianal Attorney With High Knowledge.!! Mr. Shahruz Tabibnia Is Very Honest And Espricual Attorney.!! I Had Very Hard Case In The Court But Mr. Shahruz Tabibnia With His Knowledge And His High Experience Helped Me To Become Winner My Case In The Court.!! I'm Really Appriciated Mr. Shahruz Tabibnia. Thank You For Help Me To Winner My Case.!! I Look Forward To Work With You . Best Regards. Mike P.
    Mike Panadar
    Mike Panadar
    24 July 2023
    I had the pleasure of working with the Cyrus at Tabibnia Law on my case and I could not have been more pleased with the results. From the start, he gave my case the time and attention it deserved and showed a deep understanding and knowledge of the law. He provided clear guidance through the entire process and was always available to answer questions and provide legal advice. He really went the extra mile to make sure I got the best possible outcome and was extremely understanding and patient, always taking the time to explain the details and nuances of the law to me. I am very grateful for his expertise and the care they took in my case and it was definitely worth every penny. I highly recommend his services and would not hesitate to use him again in the future. Tabibnia Law is truly a top-notch law firm and I am so thankful to have worked with them.
    F V
    F V
    15 March 2023

    Recent Posts

    Practice Areas

    Locations We Serve