Possession of Methamphetamine Overview – Health and Safety Code Section 11377

For over 30 years, the experienced Southern California defense attorneys at Wallin & Klarich has been representing people accused of possession of methamphetamine. We have knowledgeable and experienced attorneys who know the law and will ensure you get the best possible defense in your case.

If a person is arrested for the possession of methamphetamines they would be charged under the California Health and Safety Code Section 11377. This section regulates the possession of Methandriol, Methandrostenolone, Methenolone, 17-Methyltestosterone, and Methyltrienolone. All of these substances are forms of methamphetamine. Note that section 11377 covers substances other than methamphetamine as well.

In California, a new sentencing law Assembly Bill 109 has just recently passed which has changed where a person can be placed for punishment for certain felony crimes, which makes a prison commitment under the law for this code section no longer permissible.

The new law does not change the amount of time that a person can serve, just the location which would be a local jail as opposed to a state prison commitment. If a person is sentenced under Health and Safety Code 11377(a), then they could be sentenced from 16 months up to three years in jail.

There is also no difference in the amount of credits a person can accrue. For a violation of Health and Safety Code 11377 a person will receive a 50% reduction and only serve in actual time in custody 50% of the total sentence, because the good time work time credits are equal to 50% of the sentence.

However, there is a big difference if you are sentenced to a year or less versus a 16 month to 3-year sentence, because when a person is sentenced to a year or less you will be placed on probation for period of three years from the time of your plea. Usually, formal probation includes a probation officer, search terms and testing terms for the duration of the probationary period.

If the sentence is 16 months to three years, then you will be instructed that you will be on parole after your commitment has ended in the jail. In addition, depending on several factors a person can be placed on non-revocable parole.

The attorneys at Wallin & Klarich will use their knowledge of the law to provide you with the best possible drug crime defense. If you are found guilty or have pled guilty to a violation of Health and Safety Code Section 11377, the judge has the power to grant you probation instead of sentencing you to jail. (Health and Safety Code §11350(d)). The judge also has the discretion to order community service instead of jail time (§11350(d)). Wallin & Klarich attorneys will aggressively defend you to ensure the judge takes into account each of the options in the case of conviction. In many cases we are able to have the charges against our clients dismissed completely.