March 11, 2010 By Wallin & Klarich

California Health and Safety Code Section 11377 makes methamphetamine (“meth”) possession illegal. Meth Possession is a serious crime with serious penalties. If you are charged with meth possession, it is important that you speak to an experienced criminal defense attorney to get you the best possible result in your case.

Meth possession means that you had physical custody of the meth. You must also know the nature of meth as a controlled substance to be convicted. The amount of meth also has to be usable. If this can be proven, you may face a conviction for meth possession.

Having an experienced attorney can help you bring up defenses to your charge. There are many defenses to meth possession. The obvious one is that the defendant did not have physical control over the substance. Furthermore, the defendant cannot be convicted of possession of methamphetamine if he/she was not aware or had knowledge that the methamphetamine was in their presence or that it was a controlled substance.

There is also the momentary meth possession defense. Momentary possession requires that the defendant only possessed the substance for a momentary or transitory period; the possession of methamphetamine was for purposes of abandoning it, disposing of it or to destroy it.

The penalties for meth possession can be harsh. In California, a conviction for possessing meth is punishable by imprisonment for up to three years in state prison. However, you might be eligible for a drug diversion program under California Penal Code 1000 and Proposition 36. These drug treatment programs were created to give drug users a second chance. Instead of going to prison, you would have to complete the drug treatment program. Upon completion, the charges against you are dismissed. However, if you do not complete the program, the court can then sentence you to the jail term you would have received originally.

For more information, go to and read our Meth Possession and Drug Diversion section. You will find invaluable information on the charges that you or a loved one may be facing, the possible defenses, and the alternatives to sentencing.

At Wallin & Klarich, our attorneys have over 30 years of experience in handling drug cases. It is important that you speak with one of our attorneys if you are charged with a drug crime. Our Southern California methamphetamine possession attorneys will fight to get you the best possible result in your case. We know it can be daunting to face any criminal charges. We will guide you through this ordeal and fully defend your rights. Call us today at (888) 280-6839. We will be there when you call.

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