Possession of methamphetamine is one of the most aggressively prosecuted drug crimes in Los Angeles and all across California. Even as the state’s drug possession laws have changed, meth remains a Schedule II controlled substance in California.
This classification means the state believes it has a high potential for abuse, with limited or no accepted medical use. If you have been arrested for possession of meth, the penalties can be severe, even for a first-time offense.
At RP Defense Law APC, we know that there is a life behind every arrest with a family and a future. Regardless of the charges you’re facing, from simple drug possession to possession with intent to sell, we can fight for you and work toward the most favorable outcome so you can put this behind you. Contact RP Defense Law APC today at (818) 646-3443 to speak with one of our representatives.
Methamphetamine Drug Possession in California
California Health & Safety Code §11377 makes it a crime to possess methamphetamine unless the drug was lawfully prescribed for you. The vast majority of charges are the result of a street-level arrest. This typically occurs when police officers find a small amount of meth in your pockets, car, or home. You do not need to be in the act of using the drug to be charged; simple possession is sufficient. For prosecutors to bring a strong case against you, they must prove the following:
- You had control of the substance.
- You knew it was in your possession.
- You knew that the drug was methamphetamine.
Possessing even small amounts of meth can result in prosecution. However, the type and seriousness of your charges may differ based on your criminal history, the amount of drugs, and whether or not police believe you intended to distribute.
Is Possession of Methamphetamine a Felony?
Proposition 47 is a California law that voters approved in 2014. Among other things, the law downgraded various drug possession crimes, including possession of methamphetamine, from felonies to misdemeanors. In most cases, for most people, a first offense of meth possession will be a misdemeanor that is punishable by up to one year in county jail and a fine of up to $1,000.
The reduced charge of a misdemeanor does not apply to everyone. Felony charges can still be filed in certain situations, including prior convictions for serious or violent felonies or when the circumstances show evidence of intent to sell or distribute methamphetamine.
The quantity of methamphetamine and any other factors, such as packaging material, large sums of cash, or text messages referring to drug sales, can also affect how the prosecutor charges a meth possession offense. Defendants currently serving probation or parole for other offenses could face heightened punishments that may reach felony status.
Since these distinctions can have major consequences for your future, you need an experienced drug possession defense attorney at RP Defense Law APC who can argue for the lowest possible charge and diversion, if available.
Defenses to Possession of Methamphetamine
All cases present different circumstances, but several potential defenses exist for meth possession charges in Los Angeles. RP Defense Law APC can review the circumstances of your arrest and tailor a defense strategy accordingly, which may include one or more of the following arguments:
- Unlawful Search or Seizure: Police may not search a person, vehicle, or home without a warrant and probable cause. If they did, any evidence obtained during the search might be suppressed.
- Lack of Knowledge: Actual or constructive possession of methamphetamine generally requires knowledge that the substance is meth or that it is in the person’s possession. If the defendant was unaware of the presence or nature of the drugs, they might not be liable for possession.
- The Drugs Belonged to Someone Else: In cases where drugs are found in a common area or vehicle used by multiple people, it may be unclear who actually owns the drugs.
- Temporary Possession: Brief possession of drugs for the purpose of disposal or delivery to a third party, such as law enforcement, might not amount to criminal possession.
- Lab Analysis: If the prosecution cannot show that the substance seized from the defendant was methamphetamine, they might not have a case.
A skilled criminal defense attorney at RP Defense Law APC can work diligently to expose the evidence against you, identify weaknesses in the prosecution’s case, and aggressively advocate for your charges to be dropped, reduced, or resolved without incarceration.
Contact RP Defense Law APC Today
If you have been charged with methamphetamine or drug possession in Los Angeles, don’t wait to protect your freedom, your reputation, and your future. Every moment you delay gives prosecutors an advantage, and your rights, your job, and your relationships could all be at stake.
RP Defense Law APC is ready to stand by your side, fight aggressively for your defense, and pursue every opportunity to reduce or dismiss your charges. Contact RP Defense Law APC today at (818) 646-3443 for a confidential consultation and start building a strong, strategic defense.
