Facing 11350 HS charges for methamphetamine possession in Los Angeles can upend your life, affecting your employment, housing, and future opportunities. A conviction carries serious penalties, including jail time, fines, and a permanent criminal record. While the consequences are severe, understanding your rights and available defense strategies is crucial. In fact, many defenses exist that can challenge the prosecution's case, such as illegal search and seizure, lack of knowledge, or insufficient evidence. This guide explains what you need to know about 11350 HS charges, the legal process, common defense strategies, potential penalties, and alternative sentencing options like drug diversion programs.
Methamphetamine is a lab-made stimulant with high addiction potential. The drug goes by various street names including meth, crystal meth, ice, crystal, shard, tina, and glass. When sold as shiny bluish-white rocks or crystals, it's commonly called crystal meth or ice.
Methamphetamine is classified as a Schedule II controlled substance under the Controlled Substances Act, meaning it has a high potential for abuse but does have limited accepted medical use. The FDA-approved brand-name medication is Desoxyn, which is rarely prescribed for obesity and attention deficit hyperactivity disorder because safer and more effective drugs have become available. The drug is available only through a prescription that cannot be refilled.
The substance affects the central nervous system, producing short-term effects like euphoria, increased alertness, and energy. However, it causes serious negative health effects including paranoia, anxiety, rapid heart rate, irregular heartbeat, stroke, or even death.
California law distinguishes between simple possession and possession for sale. Health and Safety Code 11377(a) makes it a crime to possess methamphetamines for personal use. This is the misdemeanor "simple possession" charge, carrying up to one year in jail and a fine of $1,000.
Unlike other controlled substances covered under 11350 HS (which applies to cocaine, heroin, and opiates), methamphetamine possession falls under 11377 HS. If prosecutors believe you possessed methamphetamine with intent to sell it, you face felony charges under Health and Safety Code 11378. Selling methamphetamine is prohibited by Health and Safety Code 11379.
Prosecutors examine several factors to determine the charge: the amount of methamphetamine possessed, presence of large amounts of cash, drug packaging materials, scales, and text messages indicating drug sales.
Possession takes three forms: actual, constructive, or joint possession.
Actual possession occurs when police find the drug on your person, such as in your pocket, backpack, or clothing you're wearing. You have direct and immediate physical control over the substance. This includes holding it, carrying it, or keeping it somewhere you can reach right away.
Constructive possession applies when police find the drug in a place you control and have a right to access, such as your home, garage, or car's glove box. You don't need immediate access to possess it. The question is whether you have the right to control it, even when you're not physically present. Simply having access to a place where drugs are kept doesn't automatically give you constructive possession unless prosecutors prove the drugs were yours.
Joint possession occurs when two or more people share control over the substance. If methamphetamines are discovered in a shared residence, all residents could face joint possession charges.
A usable amount means the substance was more than residue and enough to be used as a drug. This doesn't mean it must be enough to get high or intoxicate you. Useless traces or debris don't qualify as usable amounts.
The specific quantity varies and is determined case-by-case, considering the methamphetamine's purity, physical form (crystal or powder), and other circumstances. Prosecutors must prove you possessed a usable amount to secure a conviction.
If prosecutors prove you possessed more than one kilogram of methamphetamine, you face an additional three to fifteen years in state prison beyond the normal sentence.
The criminal justice process unfolds through distinct stages, each with specific timelines and procedural requirements.
Once arrested for meth possession, law enforcement transports you to a local station where the booking process begins. Officers remove personal property for safekeeping, then proceed with fingerprinting and photographing. During booking, police may attempt to question you about where the drugs came from, how they were discovered, or whether anyone else is involved. These questions can seem casual, but anything you share may be used as evidence.
You do not need to answer questions about the incident itself. After booking is complete, some arrestees are released on their own recognizance, which is a promise to appear in court. Others remain in custody until a bail hearing. Several factors influence this decision, including the drug type, the amount discovered, and any previous record.
The first formal court appearance, known as the arraignment, occurs within 48 hours if you remain in custody, not counting weekends or holidays. At arraignment, you hear the charges against you, enter a plea, and the issue of bail is revisited. The judge or magistrate may adjust bail or order release depending on the circumstances.
The court advises you of the charge and enters a plea of not guilty on your behalf if you choose. You also receive the opportunity to hire a private lawyer or request appointment of a public defender. Accepting resolutions like drug court at arraignment puts you at a disadvantage because you have not received legal advice or had the opportunity to view any discovery.
California's reciprocal discovery scheme is governed by Penal Code Section 1054 et seq. The prosecution must turn over police reports, body-worn camera footage, witness statements, and all exculpatory or impeachment evidence it possesses. Defense counsel can serve informal discovery letters, file formal motions if cooperation is not forthcoming, and seek court orders compelling production.
Suppression motions under Penal Code Section 1538.5 challenge the legality of searches, seizures, and arrests. Prevailing can exclude crucial evidence and sometimes lead to dismissal. A motion to dismiss information or indictment (Penal Code Section 995) attacks legal deficiencies in the holding order after the preliminary hearing. If the magistrate misapplied the law or relied on inadmissible evidence, the superior court can strike counts or entire cases.
If the case is not settled, it proceeds to trial, which is usually a jury trial. The prosecution must prove all elements beyond a reasonable doubt. Most California criminal cases resolve without trial, and the defendant may end up making a deal with the prosecution (a plea deal).
A defendant found guilty faces sentencing where the judge determines the punishment. Probation eligibility depends on the offense and any disqualifying factors in Penal Code Section 1203(e). If granted, the court can impose up to one year in county jail, as well as require participation in treatment programs, community service, and issue stay-away orders.
Several defense strategies can challenge the prosecution's case in methamphetamine possession charges. The strength of your defense depends on the specific circumstances surrounding your arrest and the evidence gathered.
The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement violated your constitutional rights, evidence obtained may be inadmissible in court. Searches typically require a valid warrant unless specific exceptions apply. Law enforcement must have reasonable grounds to suspect illegal activity, known as probable cause. Searches without a warrant generally require your consent or valid justification.
Challenging an unlawful search undermines the foundation of the prosecution's case. Pretextual traffic stops, coercive consent searches, improper vehicle searches, and warrantless home searches all constitute potential violations. By proving probable cause was absent at the time of search, courts must grant a motion to suppress, often leading to full dismissal.
Prosecutors must prove you knowingly possessed the drugs in question. If you were unaware of the presence of drugs or didn't have control over them, this serves as a valid defense. This defense often applies to cases involving shared spaces or vehicles where drugs might belong to someone else.
Courts require the prosecution to show criminal intent. Simply being near drugs does not prove that you knowingly possessed illegal substances. When multiple people use the same car or apartment, the prosecution's ability to prove possession becomes weak.
The prosecution must prove every element of the charge beyond a reasonable doubt. If prosecutors prove only some elements, you're entitled to a not guilty verdict. Defense attorneys promote insufficiency by impeaching the prosecutor's evidence or presenting alternative evidence that shows lack of guilt.
If you can establish the drugs were someone else's or that you had no knowledge of their presence, this creates reasonable doubt. In a shared living space, you may argue drugs were left by a roommate or guest. Similarly, if drugs were found in a borrowed vehicle, there's a strong argument they weren't yours. Drugs left behind by another person create strong grounds for a knowledge defense.
California requires a usable quantity for conviction. Residue and trace amounts do not satisfy this element. Defense attorneys retain independent forensic chemists to challenge prosecution quantity claims and lab reports characterizing trace amounts as usable.
Drug possession charges often rely on lab results to confirm the substance involved. However, these results aren't immune to error. Chain of custody errors occur when samples are mishandled or mislabeled, leading to unreliable results. Testing procedures must follow proper protocols in analyzing the substance. Cross-contamination occurs when residue from one sample transfers to another, producing false positive results. Equipment can retain trace amounts of drugs between tests if not cleaned properly. Technicians make mistakes including mislabeling samples, recording results incorrectly, or failing to follow proper procedures.
A meth conviction extends consequences far beyond the courtroom, affecting every aspect of your life.
Possession of a controlled substance carries imprisonment in county jail for up to 364 days. For a first offense, the court can impose a fine of at least $1,000. A second offense increases the minimum fine to $2,000. In unusual cases involving prior convictions for serious felonies or sex crimes requiring registration, you face 16 months, 2 years, or 3 years in jail and a maximum fine of $10,000.
Background checks reveal drug convictions to potential employers, creating significant barriers. Many employers use third-party services for screening, and companies can legally consider criminal history when making hiring decisions. Some maintain blanket policies automatically disqualifying applicants with drug convictions. Certain industries become off-limits entirely. Healthcare professions, teaching, law enforcement, and pharmacy require background checks and moral character assessments. Federal law restricts people with drug convictions from working in transportation or aviation.
California licensing boards can revoke or suspend your license if convicted of a crime related to your profession's qualifications, functions, or duties under Business and Professions Code 480. All criminal convictions trigger automatic formal professional license investigations. Drug convictions, particularly felonies, are viewed as serious offenses that can command revocation. Disciplinary measures range from formal warnings and fines to probation, license restrictions, suspension, or complete revocation.
The 1988 Thurmond Amendment stripped people with drug distribution convictions of federal Fair Housing Act protections, affecting as many as 3 million people. Landlords conduct background checks and may reject applicants with drug-related convictions. Federal law allows public housing authorities to deny applicants with drug convictions. Private landlords frequently deny leases to people with criminal records, with nearly half of landlords in one survey rejecting applications from those with criminal records.
Drug convictions trigger severe immigration penalties. A controlled substance conviction renders noncitizens deportable, except for a single offense of possession of 30 grams or less of marijuana for personal use. Simple possession can subject immigrants to detention without bond possibility, ineligibility for lawful status, and permanent deportation. Federal immigration authorities must detain any immigrant convicted of an aggravated felony upon release from criminal custody. Immigrants convicted of aggravated felonies are ineligible for asylum, cancelation of removal, and voluntary departure.
California provides several pathways for individuals facing nonviolent drug charges to avoid incarceration through treatment-focused programs.
Penal Code 1000 functions as a pretrial diversion program where prosecution pauses while you undergo rehabilitation. Treatment lasts 18 months to three years. You don't enter a guilty plea or receive probation placement. Upon successful completion, charges get dismissed and the arrest is treated as if it never occurred. This program applies to Health and Safety Code 11350 charges for simple possession.
Proposition 36 serves as a mandatory drug diversion program for first- or second-time drug possession convictions. You receive formal probation with treatment lasting up to two years. Unlike DEJ, this operates as a post-conviction program requiring a guilty plea before entry. Successful completion allows you to petition for case dismissal.
Drug courts combine judicial oversight with intensive supervision and substance abuse treatment instead of incarceration. Programs typically last nine months to three years. Pre-plea models don't require guilty pleas, while post-plea programs do. Charges get dismissed after successful completion.
Programs exclude cases involving drug sales, manufacturing, or transportation for sale. You must face nonviolent drug possession charges without violence or firearms. Prior criminal history affects eligibility, including recent felony convictions or previous program participation.
A meth possession charge under 11350 HS carries consequences that reach far beyond jail time, affecting your employment, housing, and future opportunities. Accordingly, understanding your defense options is critical to protecting your rights and minimizing these impacts.
Strong defenses exist, from challenging illegal searches to proving lack of knowledge or insufficient evidence. Additionally, drug diversion programs offer alternatives to incarceration for eligible defendants, allowing you to avoid a permanent criminal record.
The legal system is complex, but you don't have to face it alone. Consult an experienced criminal defense attorney who can evaluate your case, identify viable defenses, and guide you toward the best possible outcome.
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This page was reviewed and approved by William S. Kroger, a leading criminal defense attorney in Los Angeles. Mr. Kroger has decades of experience defending clients in both state and federal courts. He is recognized for his strong trial skills and dedication to protecting the rights of the accused. Throughout his career, he has successfully represented clients facing a wide range of serious criminal charges. His personalized defense strategies are designed to achieve the best possible outcome in every case. Clients trust Mr. Kroger for his knowledge, commitment, and proven results.
He is also an active member of respected legal organizations, including the American Bar Association and the National Association for Criminal Defense Lawyers. With his expertise and reputation, William S. Kroger is regarded as one of California’s top defense lawyers.
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