California Health & Safety Code §11377 — Meth Possession
HS §11377 punishes simple possession of methamphetamine and other Schedule III–V stimulants (MDMA, PCP, ketamine, GHB, anabolic steroids). After Prop 47 (2014), §11377 is a straight misdemeanor with a maximum of 1 year in county jail — and PC §1000 diversion is available for first-time offenders, resulting in dismissal on completion of a drug program.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Meth Possession Cases in All LA County Courts
01 — Quick Facts
HS §11377 — Meth Possession at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Health & Safety Code §11377 — Simple Possession of Methamphetamine |
| Code Type | Health & Safety Code (HS) |
| Classification | Misdemeanor (Post Prop 47) |
| Jail Term | Up to 1 year county jail |
| Fine | Up to $1,000 |
| Probation | Up to 3 years summary probation |
| PC §1000 Diversion | Available for first-time offenders — dismissal on completion |
| Prop 47 | Retroactive reduction available for prior felony convictions |
| Immigration | Deportable controlled-substance offense |
| Firearm Rights | Not lost on misdemeanor unless drug court conditions imposed |
| Expungeable | Yes under PC §1203.4 (or PC §851.87 sealing if diverted) |
| If Charged | Call (213) 723-2337 — free consultation |
01 — What Is HS §11377?
What Is California Code §11377?
HS §11377 Reads:
"Except as authorized by law and as otherwise provided in this division ... every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which is not a narcotic drug ... shall be punished by imprisonment in a county jail for a period of not more than one year."
— California Health & Safety Code §11377
HS §11377 is the misdemeanor simple-possession statute for Schedule III–V drugs and specifically for methamphetamine. Prior to Prop 47, §11377 was a wobbler with felony exposure. Post-Prop 47, it is a straight misdemeanor for anyone without a disqualifying prior (sex offense requiring registration or a super-strike). PC §1000 diversion is available on virtually every first offense.
§11377 vs. §11378 — The Sales-Intent Line
Prosecutors distinguish personal-use meth possession (§11377) from possession-for-sale (§11378) using sales-indicia analysis.
§11377 — Simple Meth Possession
Misdemeanor. Up to 1 year jail. PC §1000 diversion available — dismissal on completion.
§11378 — Meth Possession for Sale
Felony. 16 mo, 2, or 3 years prison. Not diversion eligible.
Why This Law Matters
§11377 is the primary misdemeanor entry point into California's drug-crime system. Because PC §1000 diversion converts the case to a dismissal (no conviction, sealable under PC §851.87), the primary defense objective is either suppression or diversion — not trial. For non-citizens, however, a §11377 conviction is still a deportable controlled-substance offense under INA §237(a)(2)(B), so aggressive suppression and immigration-safe diversion strategies are critical.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under HS §11377
To convict under HS §11377, the prosecution must prove each element beyond a reasonable doubt (CALCRIM 2304).
You Possessed a Controlled Substance
Actual possession (on person) or constructive possession (dominion and control over a space where the drug was found).
You Knew of the Substance's Presence
You must have known the drugs were where they were found.
You Knew the Substance's Nature As a Controlled Drug
You knew or reasonably should have known it was a controlled drug.
The Substance Was a Usable Amount
Trace residue is insufficient — there must be enough to consume or use.
04 — Penalties
Penalties for HS §11377 Meth Possession in California
§11377 is a straight misdemeanor post-Prop 47. Aggravation is minimal; the primary consequences are collateral rather than sentence-based.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Base §11377 | HS §11377 | Up to 1 year county jail | Yes (up to 3 years) | No |
| §11377 (Prop 47 Ineligible) | HS §11377 + PC §667(e)(2)(C)(iv) | 16 mo, 2, or 3 yrs prison | Discretionary | No (super-strike prior) |
| §11377 + Prior Registrable §290 Prior | PC §290 disqualifier | Felony filing available | Discretionary | No |
| §11550 Under the Influence | HS §11550 | Up to 1 year jail; 90-day mandatory minimum | Discretionary | No |
Aggravating Factors on §11377
Prop 47 Disqualifier
PC §667(e)(2)(C)(iv)
Prior conviction for a super-strike (murder, forcible sex crime) or PC §290 registrable offense re-enables felony filing on §11377.
Under the Influence Also Charged
HS §11550
Frequently charged alongside §11377 — misdemeanor with 90-day mandatory minimum. Both dismissable through PC §1000 diversion.
Possession in Prison / Jail
PC §4573
Meth possession in a correctional facility is a felony under PC §4573 — 2, 3, or 4 years prison. §11377 is superseded in custody.
Possession Near School
HS §11380
Possession-for-sale enhancements attach when adult sells to minor near school — does not affect simple §11377 possession.
Combined With Paraphernalia
HS §11364
Paraphernalia possession is a misdemeanor typically charged alongside §11377 — both dismissable through diversion.
Firearm in Possession
HS §11370.1
Simple possession WHILE armed with a loaded firearm is a straight felony under §11370.1 — 2, 3, or 4 years prison. §11377 is superseded.
Beyond the Sentence
- Deportable controlled-substance offense under INA §237(a)(2)(B) — includes simple possession
- Federal student loan and grant ineligibility under 20 U.S.C. §1091(r) (limited)
- Public-housing / Section 8 disqualification (drug offense clause)
- Professional-license inquiry (medical, nursing, pharmacy, teaching)
- Driver's license impact minimal for non-transportation offenses
- Employment background-check visibility until expungement or sealing
- Ineligibility for concealed-carry permits in most jurisdictions
Sentencing References
05 — Defense Strategies
How Rubin Law Defends HS §11377 Meth Possession Charges
§11377 defenses focus on suppression, negation of possession, and diversion. Most first-time cases resolve in dismissal.
Fourth Amendment Suppression
PC §1538.5 suppression motions attacking probable cause, warrant scope, and consent are the primary weapon. Winning suppression collapses the case.
PC §1538.5
No Possession — Shared Space
Shared-vehicle, shared-residence, and multi-defendant cases require proof that YOU — not another occupant — possessed the drugs. Absence of fingerprints, DNA, and access defeats possession.
CALCRIM 2304
PC §1000 Deferred-Entry Diversion
The primary resolution — no guilty plea required, complete a 12–18 month drug program, and the case is dismissed. No conviction, no record.
PC §1001.36 Mental Health Diversion
For defendants whose meth use relates to a qualifying mental-health diagnosis, mental-health diversion provides broader treatment and dismissal on completion.
PC §1001.80 Military Diversion
For veteran defendants whose substance use relates to service-connected trauma, military diversion offers VA-based treatment and dismissal.
PC §1001.80
Miranda / Coerced Statement
Statements admitting knowledge and ownership are suppressible for Miranda or voluntariness violations — often the only evidence of the 'knowledge' element in shared-space cases.
Miranda v. Arizona
Prescription / Legal-Use Defense
Where the substance is a Schedule III drug (some stimulants, anabolic steroids) with a valid prescription, prescription is a complete defense under HS §11377(b).
HS §11377(b)
Prop 36 Treatment Alternative
PC §1210.1 (Prop 36) provides an alternate treatment-based disposition for eligible defendants — probation with treatment in lieu of jail.
PC §1210.1
Constitutional Sources
07 — Court Process
How HS §11377 Meth Possession Cases Move Through Los Angeles Courts
§11377 cases are heard on drug-court calendars at LA County misdemeanor courthouses.
- 1
Step 1 — Cite-Out or Arrest
First-time §11377 cases often result in a citation. Where paraphernalia or under-the-influence is added, booking is more common.
- 2
Step 2 — Arraignment
Charges read, plea entered. We advocate for entry into PC §1000 diversion at the earliest opportunity — often the first appearance.
- 3
Step 3 — PC §1000 Diversion Assessment
The court sets a diversion assessment date. The defendant enrolls in a certified drug program (typically 12–18 months).
- 4
Step 4 — Program Compliance & Reporting
Regular reporting to probation and program completion certificates filed with the court every 60–90 days.
- 5
Step 5 — Motion to Suppress or Trial
If diversion is denied or contested, we file PC §1538.5 suppression motions. Winning suppression dismisses the case.
- 6
Step 6 — Dismissal on Completion
On successful program completion, the case is dismissed and eligible for sealing under PC §851.87 — no conviction on the record.
- 7
Step 7 — Post-Dismissal Sealing
We file PC §851.87 sealing motion after successful diversion — case is sealed from public records and most background checks.
Los Angeles Courts That Handle HS §11377 Meth Possession Cases
§11377 misdemeanors are heard on drug-court calendars at LA County misdemeanor courthouses.
Airport Courthouse
Drug-court calendar for West LA, LAX, and coastal communities.
Van Nuys Courthouse East
San Fernando Valley drug-court calendar.
Metropolitan Courthouse
Downtown LA drug-court and misdemeanor calendar.
Long Beach Courthouse
South Bay drug-court calendar.
Pasadena Courthouse
San Gabriel Valley drug-court calendar.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Meth Possession Defense Attorney
Daniel S. Rubin has defended clients charged with meth possession and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under HS §11377 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Meth Possession Cases Throughout LA County
09 — FAQs
HS §11377 Meth Possession Questions — Los Angeles
Is meth possession a felony in California?
No — after Prop 47 (2014), simple methamphetamine possession under HS §11377 is a misdemeanor for anyone without a disqualifying super-strike prior (murder, forcible sex offense) or PC §290 registrable prior. Maximum penalty is 1 year in county jail plus a $1,000 fine. Meth possession-for-sale (§11378) and sales/transportation (§11379) remain felonies.
Can I get PC §1000 diversion for a §11377 charge?
Almost always yes. §11377 is one of the enumerated eligible offenses under PC §1000. First-time offenders and defendants without disqualifying priors (prior drug conviction, prior violent felony) are typically approved. Successful completion of a 12–18 month drug program results in dismissal — no conviction on the record — and the case is sealable under PC §851.87.
What is the difference between HS §11377 and HS §11378?
§11377 is simple possession — for personal use — a misdemeanor. §11378 is possession WITH intent to sell — a felony carrying 16 months, 2, or 3 years state prison. The line is proven by 'sales indicia' — quantity, packaging, scales, cash, and communications. Personal-use quantities support only §11377.
Does §11377 apply to all schedule III drugs?
Yes — plus methamphetamine specifically. §11377 covers Schedule III (anabolic steroids, some stimulants, ketamine), Schedule IV (Xanax, Valium — without valid prescription), Schedule V (some codeine cough preparations), AND methamphetamine, MDMA (ecstasy), PCP, and GHB regardless of schedule. Cocaine, heroin, and opiates fall under §11350.
How does §11377 affect immigration status?
Even as a misdemeanor, §11377 is a controlled-substance offense under INA §237(a)(2)(B) — categorically deportable for non-citizens. It is not an aggravated felony but is deportable regardless of sentence. Non-citizens should NEVER plead to §11377 without exploring PC §1000 diversion (no conviction) or PC §1001.36 mental-health diversion (also no conviction). A dismissed §11377 case avoids deportation.
Can prior felony §11377 convictions be reduced to misdemeanors?
Yes. Prop 47 (PC §1170.18) allows retroactive reduction of pre-2014 felony §11377 convictions to misdemeanors. We file PC §1170.18 petitions to reclassify — reduces the offense on the record and can restore firearm rights (if not lost through another statute), professional-license eligibility, and immigration outcomes.
Will a §11377 conviction show up on background checks?
Yes until sealed. A misdemeanor conviction is visible on private background checks. Sealing under PC §851.87 (after PC §1000 diversion dismissal) or expungement under PC §1203.4 (after probation completion) removes visibility from most private employers. Government and licensing background checks may still see the record.
Can §11377 be expunged?
Yes. After successful probation completion, PC §1203.4 expungement dismisses the conviction. When resolved through PC §1000 diversion, PC §851.87 sealing is available — arguably a stronger disposition because there is no conviction to expunge. Both provide substantial restoration of employment and housing eligibility.
Available 24/7 — Free Consultation
Charged with HS §11377 Meth Possession in Los Angeles?
PC §1000 diversion means no conviction. Suppression means dismissal. Rubin Law, P.C. secures diversion, suppression, and case sealing. Call (213) 723-2337.