blog home Drug Possession Understanding Meth Possession Charges in San Diego

Understanding Meth Possession Charges in San Diego

By San Diego Attorney on July 11, 2025

Facing a methamphetamine possession charge in San Diego is a serious matter. California law treats meth-related offenses with high severity, especially given the drug’s classification as a Schedule II controlled substance. But the good news is that alternative sentencing options like rehabilitation or Drug Court may be available, especially for first-time offenders.

Understanding your legal rights, sentencing risks, and treatment alternatives is essential to mounting a successful legal defense.

Methamphetamine: A Schedule II Substance in California

Methamphetamine, often referred to as “meth,” “crystal,” or “ice,” is classified under Schedule II possession CA law due to its high potential for abuse and limited accepted medical use.

Under California Health and Safety Code § 11377, it is a crime to possess methamphetamine without a valid prescription. Possession may be charged as either a misdemeanor or a felony, depending on the individual’s criminal history and the specific circumstances of the arrest.

Types of Methamphetamine Charges

Meth-related charges can take several forms under California law.

Simple Possession (HS § 11377)

This is the most common charge and applies when someone is found with meth for personal use. A first offense is typically a misdemeanor, punishable by:

• Up to 1 year in county jail
• Fines up to $1,000
• Probation

Possession for Sale (HS § 11378)

This charge applies when the individual is believed to have had the intent to sell or distribute methamphetamine. Indicators may include large quantities, packaging materials, scales, or large amounts of cash. This is a felony and can result in:

• 16 months to 3 years in county jail
• Significant fines
• Mandatory registration as a narcotics offender

Transportation or Distribution (HS § 11379)

This involves moving meth across city or county lines, even if no sale occurs. The charge is a felony, and penalties increase substantially based on the quantity and whether minors were involved.

Aggravating Factors That Increase Penalties

In methamphetamine law in California, certain circumstances can elevate the penalties for a possession charge:

• Prior convictions for drug offenses
• Possession near a school or playground
• Arrest while on parole or probation
• Armed with a weapon at the time of arrest
• Presence of children in the home

Judges and prosecutors take these aggravating factors seriously, often using them to justify enhanced sentencing.

Legal Consequences of a Conviction

Being convicted of meth possession can have long-lasting effects beyond jail time:

• Criminal record affecting employment and housing
• Driver’s license suspension
• Immigration consequences for non-citizens
• Mandatory participation in drug offender registration programs

Even a first-time conviction can carry harsh consequences if not handled properly. That is why speaking with an experienced San Diego drug crime attorney is critical when dealing with any meth-related charge.

There May Be Alternatives to Jail

California courts acknowledge that drug addiction is often a health issue, not just a legal one. As such, several alternative sentencing programs may be available, especially for those facing meth possession charges for the first time.

Drug Diversion (PC § 1000)

Eligible first-time offenders may qualify for pretrial diversion under California Penal Code § 1000. This allows the accused to complete a drug treatment program instead of serving jail time. Upon successful completion, the charge is dismissed, and no conviction appears on the record.

Proposition 36 (Substance Abuse and Crime Prevention Act)

Prop 36 offers court-supervised treatment instead of incarceration for certain non-violent drug offenses. The individual must plead guilty and agree to complete a treatment program. If completed, the conviction may be set aside.

Drug Treatment Court for Meth Charges

In San Diego, Drug Treatment Court programs for meth charge provide structured rehabilitation with frequent drug testing, counseling, and regular court appearances. This approach is designed to help repeat or high-risk offenders achieve recovery while avoiding prison.

To be eligible, participants must:

• Be non-violent offenders
• Commit to a long-term rehabilitation plan
• Attend court-mandated sessions and treatment regularly

Key Legal Defenses

Even if meth was found in your possession, you may still have a valid legal defense that could lead to reduced charges or even dismissal.

Unlawful Search and Seizure

If law enforcement discovered meth as a result of an illegal search—such as lacking probable cause or a valid warrant—your attorney can move to suppress that evidence. Without admissible evidence, the prosecution may be forced to drop the charges.

Lack of Knowledge

One essential element of possession is that the accused knew they possessed a controlled substance. If someone else left drugs in your vehicle, or you were unaware of the substance in your bag, this could be used to argue for dismissal.

Valid Prescription

While rare, methamphetamine does have limited medical use in prescription form (such as Desoxyn). If the defendant possessed the drug lawfully, no crime has occurred.

Entrapment

In rare cases involving undercover operations, the defense of entrapment may be used if the accused was induced by law enforcement to commit a crime they otherwise would not have committed.

An experienced San Diego meth defense lawyer will assess your case for any procedural errors or weak points in the prosecution’s evidence to build a strong, personalized defense strategy.

Hiring the Right San Diego Drug Crime Attorney Can Make a Big Difference

A Schedule II possession charge is not something you will want to face alone, as a criminal conviction can damage your future and result in jail, probation, or financial burdens.

Having an attorney like James N. Dicks of jD Law Criminal Defense Attorneys with specialized knowledge of drug laws and court procedures can make a meaningful difference in the outcome of your case.

Attorney James is a Certified Criminal Law Specialist with over 30 years of experience defending clients across San Diego. As a former LAPD investigator, he brings insight into how cases are built and how they can be dismantled in court.

What To Do If You Are Arrested for Meth Possession

1. Do not speak to law enforcement without legal counsel present.
2. Do not consent to a search of your home, vehicle, or personal belongings.
3. Contact a San Diego methamphetamine defense attorney immediately to preserve your rights and begin exploring treatment-based alternatives.

Speak With an Experienced Drug Possession Defense Lawyer in San Diego

If you or someone you know is facing drug charges, take control of your case by contacting jD Law Criminal Defense Attorneys. James N. Dicks can guide you through your legal options, including strategies to get the charges against you reduced or dismissed altogether. Call at (760) 630-2000 for a free consultation today.