Law Offices of Elliott Kanter
California Possession of Methamphetamine Charges & Penalties
Getting charged with methamphetamine possession is a big deal. No matter the amount, circumstances, or your criminal history, being in possession of methamphetamine is a serious charge that can result in severe penalties. If you are charged with possession of methamphetamine in California, the first thing you should do is contact an experienced drug possession defense lawyer. In the meantime, below you can find a brief overview of California possession of methamphetamine charges and penalties.
What Is Methamphetamine?
Methamphetamines, also known as meth, glass, shard, chalk, or ice, is an incredibly addictive and powerful stimulant that wreaks havoc on your central nervous system. Methamphetamine is usually a white, odorless, and bitter-tasting crystal-like powder that can be easily dissolved into a liquid.
Methamphetamine is a Controlled Substance in California
Methamphetamine is a controlled substance in California, meaning that it is illegal to be in possession of methamphetamine without a prescription issued by a medical professional. The drug is rarely prescribed, as it is very dangerous and addictive.
How Can I Be Charged With Methamphetamine Possession?
In order to be convicted of possession of methamphetamine, the following must be proved in court:
1. You Have Possession of Methamphetamine
There are two different types of methamphetamine possession, actual possession and constructive possession. Actual possession is when you have the drug on your person, be it in a pocket, backpack, or elsewhere. Constructive possession is when the drug is found in something you own or have control over, such as your house, car, or garage.
2. You Knew the Drug You Possess is Methamphetamine
This can be difficult to prove unless you directly confess to the police that you had meth on you. However, in most cases circumstantial evidence (such as trying to hide the drugs) can make it obvious you knew it was a controlled substance.
3. You Have a Usable Quantity of Methamphetamines
If you are found with mere traces of methamphetamines, you will not be charged with possession. You need to possess enough methamphetamine to feasibly use the drug.
What are the Penalties for Methamphetamine Possession in California?
Possession of methamphetamine in California is a misdemeanor, resulting in up to 1 year of jail time and a fine of $1,000. However, if you attend a substance abuse treatment program, you may be able to turn any jail time into probation. You will face additional jail time (up to 3 years) if you have been convicted of a violent crime in the past. If you are convicted of possession with intent to sell, you may face anywhere from 16 months to 3 years of jail time and fines up to $10,000.
Methamphetamine and Drug Possession Lawyer in San Diego
If you are charged with possession of methamphetamine in San Diego, contact the Law Offices of Elliott Kanter. Our team of attorneys have experience dealing with methamphetamine possession charges in California and will do everything possible to reduce the penalties associated with possession. To learn more, give us a call today.