Possession of Methamphetamine Prosecution – Health and Safety Code Section 11377
In order to prove possession of Methamphetamine under California Health and Safety Code Section 11377, prosecutors must prove that the defendant actually had possession of the methamphetamine. To prove actual possession, the prosecution will use Health and Safety Code Section 11350.
Possession means that a person has physical custody and control over the methamphetamine. The prosecution can satisfy this burden by proving that the methamphetamine was in a vehicle or home that belongs to you. Even if you did not personally buy the substances, or were not using the substances, the prosecution can still charge you with felony possession.
The prosecution must prove that you had control over a usable amount of methamphetamine. A usable amount is a quantity that is enough to be used by someone as a controlled substance. Useless traces or debris are not usable amounts. On the other hand, a usable amount does not have to be enough, in either amount or strength, to affect the user.
The prosecution does not need to prove that the defendant knew which specific controlled substance he or she possessed, only that he or she was aware of the substance's presence and that it was a controlled substance.
If the prosecution can prove that you had physical custody or control, whether intentional or not, over the methamphetamine, then you could be found guilty of this offense.
