Health & Safety Code 11377 – Possession of Methamphetamine.

Health and Safety Code 11377 in California addresses the crime of possession of methamphetamine. Here’s a summary:

1. Possession of Methamphetamine: Health and Safety Code 11377 makes it illegal to possess methamphetamine without a valid prescription.
2. Methamphetamine Defined: Methamphetamine is a powerful and highly addictive stimulant drug that affects the central nervous system.
3. Unlawful Possession: Possession of methamphetamine without a valid prescription is considered unlawful. The offense involves having physical control or custody of the substance.
4. Misdemeanor or Felony: Possession of methamphetamine under Health and Safety Code 11377 is generally considered a wobbler offense in California, meaning it can be charged as either a misdemeanor or a felony. The decision may depend on factors such as the quantity of methamphetamine and the defendant’s criminal history.
5. Penalties: The penalties for a conviction under Health and Safety Code 11377 may include fines, probation, participation in drug treatment programs, and imprisonment. Felony convictions may result in more severe consequences than misdemeanor convictions.
6. Proposition 47: In certain cases, Proposition 47, passed in 2014, may allow for the reduction of certain drug possession offenses, including possession of methamphetamine, from felonies to misdemeanors.
7. Drug Diversion Programs: Defendants charged with possession of methamphetamine may be eligible for drug diversion programs, allowing them to complete drug treatment instead of facing traditional criminal penalties.