California Health & Safety Code §11378 — Meth Possession for Sale
HS §11378 punishes possession of methamphetamine and other Schedule III–V stimulants with intent to sell. It is a straight felony carrying 16 months, 2, or 3 years in state prison plus up to $10,000 fine. Weight enhancements under HS §11370.4 add 3–15 years for kilo quantities, and §11378 is an aggravated felony for immigration purposes.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Meth Possession for Sale Cases in All LA County Courts
01 — Quick Facts
HS §11378 — Meth Possession for Sale at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Health & Safety Code §11378 — Meth Possession for Sale |
| Code Type | Health & Safety Code (HS) |
| Classification | Straight Felony |
| Prison Term | 16 months, 2, or 3 years state prison |
| Fine | Up to $10,000 |
| Strike | No (not a serious/violent felony) |
| Probation | Discretionary; restricted by weight enhancements |
| Prop 47 | NOT eligible |
| PC §1000 Diversion | NOT eligible |
| Immigration | Aggravated felony — mandatory deportation |
| Firearm Rights | Lifetime state and federal ban |
| If Charged | Call (213) 723-2337 — 24/7 free consultation |
01 — What Is HS §11378?
What Is California Code §11378?
HS §11378 Reads:
"Except as otherwise provided in Article 7 (commencing with Section 4210) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses for sale 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 pursuant to subdivision (h) of Section 1170 of the Penal Code."
— California Health & Safety Code §11378
HS §11378 is the meth/stimulant-specific possession-for-sale statute. It parallels §11351 (Schedule I/II drugs) with slightly lower base sentencing but identical collateral consequences. Because meth is the most-prosecuted controlled substance in California, §11378 is one of the highest-volume drug felonies in the state.
§11377 vs. §11378 — Sales-Intent Line
The line between simple possession (misdemeanor §11377, diversion-eligible) and possession-for-sale (§11378 felony) is proven by 'sales indicia' — quantity, packaging, scales, cash, and communications.
§11377 — Simple Possession
Misdemeanor after Prop 47. Personal-use quantity, no sales indicia. PC §1000 diversion available.
§11378 — Possession for Sale
Straight felony. Sales-intent required. No Prop 47. No PC §1000 diversion. Aggravated felony.
Why This Law Matters
§11378 is the primary meth-sales felony in California. Because it is not Prop 47 or PC §1000 eligible, defense objectives are suppression under PC §1538.5, sales-intent challenges, and reduction to §11377 simple possession. Weight enhancements under HS §11370.4 add 3–15 years for meth quantities of 1 kg / 4 kg / 10 kg / 20 kg. For non-citizens, §11378 is an aggravated felony under INA §101(a)(43)(B) with mandatory deportation.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under HS §11378
To convict under HS §11378, the prosecution must prove each element beyond a reasonable doubt (CALCRIM 2302).
You Possessed a Controlled Substance (Meth or Schedule III–V Stimulant)
Actual or constructive possession of the drug.
You Knew of the Substance's Presence
Awareness that the drugs were where they were found.
You Knew It Was a Controlled Substance
You knew or reasonably should have known the substance was a controlled drug.
You Intended to Sell Some or All of the Substance
The specific-intent element — proven by sales indicia (quantity, packaging, scales, cash, communications, pay-owe sheets).
The Substance Was in Usable Amount
Trace residue insufficient — must be enough to sell or consume.
04 — Penalties
Penalties for HS §11378 Meth Possession for Sale in California
§11378 penalties scale with weight and prior drug convictions. Enhancements can add 15+ years.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Base §11378 | HS §11378 | 16 months, 2, or 3 years state prison | Discretionary | No |
| §11378 + 1 kg | HS §11370.4(b)(1) | +3 years consecutive | Prohibited | No |
| §11378 + 4 kg | HS §11370.4(b)(2) | +5 years consecutive | Prohibited | No |
| §11378 + 10 kg | HS §11370.4(b)(3) | +10 years consecutive | Prohibited | No |
| §11378 + 20+ kg | HS §11370.4(b)(4) | +15 years consecutive | Prohibited | No |
| §11378 + Prior HS Conviction | HS §11370.2 | +3 years per prior | Prohibited | No |
Common §11378 Enhancements
Weight Enhancement (Meth-Specific Thresholds)
HS §11370.4(b)
Adds 3, 5, 10, or 15 years at 1kg, 4kg, 10kg, and 20kg meth-weight thresholds. Note thresholds differ from cocaine/heroin under §11370.4(a).
Sales Near School
HS §11380
Substantive felony — 3, 6, or 9 years prison — when adult uses minor in meth sales or sells near school.
Sales to Minors
HS §11380(a)
Adult who uses/employs minor in preparation or sale of meth — 3, 6, or 9 years prison.
Firearm While Trafficking
PC §12022(c)
Adds 3, 4, or 5 years consecutive when personally armed with firearm during possession-for-sale.
Prior Drug Convictions
HS §11370.2(c)
Adds 3 years per prior §11351, §11352, §11378, §11379, or §11379.6 conviction.
Environmental Enhancement
HS §11379.7
Adds 1, 2, or 3 years when meth-production activity involves environmental hazards or child endangerment.
Beyond the Sentence
- Aggravated felony — mandatory deportation for non-citizens
- Lifetime state and federal firearm ban
- Federal student loan and grant ineligibility
- Public housing and Section 8 disqualification
- Professional license discipline (medical, nursing, pharmacy, teaching)
- Asset forfeiture — vehicles, cash, and property tied to sales
- Federal referral risk on multi-kilo cases (DEA / USAO)
- DNA collection under PC §296
Sentencing References
05 — Defense Strategies
How Rubin Law Defends HS §11378 Meth Possession for Sale Charges
Like §11351, §11378 defenses turn on suppression, sales-intent challenges, and reduction to non-diversion-blocking charges.
Fourth Amendment Suppression
PC §1538.5 motions targeting stops, warrants, consent, and scope routinely dispose of §11378 cases — the meth IS the case. Suppression is the primary defense weapon.
PC §1538.5
No Sales Intent — Personal Use
Where quantity, tolerance, and absence of sales indicia support personal use, we reduce §11378 to §11377 (misdemeanor, diversion-eligible). Standard resolution in low-quantity cases.
CALCRIM 2302
No Knowledge / No Possession
Shared-vehicle, shared-residence, and multi-defendant cases require proof YOU possessed and knew. Absence of fingerprints, DNA, and mail correspondence defeat possession.
CALCRIM 2302
Miranda / Coerced Statement
Statements admitting sales intent are suppressible for Miranda or voluntariness violations — often the strongest sales-intent evidence.
Miranda v. Arizona
Confidential Informant Motion
CI-driven §11378 cases collapse when identity is compelled. Motions under Evidence Code §1041 challenge reliability and require disclosure.
Evidence Code §1041
PC §1001.36 Mental Health Diversion
Where meth addiction relates to a qualifying mental-health condition, mental-health diversion may be available even on §11378. Dismissal on completion.
Reduction to §11377 / PC §32
Standard negotiated resolutions: §11377 simple possession (Prop 47 misdemeanor, diversion-eligible) or PC §32 accessory-after-the-fact (wobbler). Both preserve immigration relief.
Prop 36 Treatment Alternative After Reduction
Once §11378 is reduced to §11377, Prop 36 (PC §1210.1) provides treatment-based probation in lieu of custody. Combined with diversion, results in dismissal.
PC §1210.1
Constitutional Sources
07 — Court Process
How HS §11378 Meth Possession for Sale Cases Move Through Los Angeles Courts
§11378 cases proceed as straight felonies with preliminary hearings. Suppression and CI-disclosure motions dominate the pretrial phase.
- 1
Step 1 — Arrest & Booking
Bail on §11378 ranges $30,000–$500,000+ depending on quantity. Larger cases attract federal-adoption attention.
- 2
Step 2 — Arraignment
Charges read, plea entered. Asset-forfeiture proceedings may be initiated concurrently under HS §11470.
- 3
Step 3 — Preliminary Hearing
Within 10 court days for in-custody defendants. We cross-examine narcotics officers and expert witnesses on the sales-intent element.
- 4
Step 4 — PC §1538.5 Suppression Motion
Primary defense weapon in vehicle-stop and search-warrant cases. Winning suppression collapses the case.
- 5
Step 5 — Pretrial Discovery Motions
Pitchess motions on officer records, Evidence Code §1041 CI motions, lab-analyst confrontation, and PC §995 dismissals of enhancements.
- 6
- 7
Step 7 — Trial & Sentencing
Jury trial on possession, knowledge, and sales intent. Sentencing considers weight enhancements, prior-drug enhancements, and mitigation.
Los Angeles Courts That Handle HS §11378 Meth Possession for Sale Cases
§11378 felonies are prosecuted in LA County felony trial courts based on incident location.
Clara Shortridge Foltz Criminal Justice Center
Downtown LA — Major Narcotics Division handles multi-kilo and interstate §11378 cases.
Van Nuys Courthouse West
San Fernando Valley felony narcotics calendar — high-volume meth prosecutor pool.
Pomona Courthouse South
East LA and San Gabriel Valley felony narcotics — I-10 corridor cases.
Long Beach Courthouse
South Bay and port-adjacent meth cases.
Compton Courthouse
South LA felony narcotics docket.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Meth Possession for Sale Defense Attorney
Daniel S. Rubin has defended clients charged with meth possession for sale 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 §11378 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Meth Possession for Sale Cases Throughout LA County
09 — FAQs
HS §11378 Meth Possession for Sale Questions — Los Angeles
What is the difference between HS §11377 and HS §11378?
§11377 is simple meth possession — for personal use — a Prop 47 misdemeanor with PC §1000 diversion available. §11378 is possession WITH intent to sell — a straight felony carrying 16 months, 2, or 3 years state prison. The distinguishing element is sales intent, proven by sales indicia (quantity, packaging, scales, cash, communications).
How does the DA prove intent to sell meth?
'Sales indicia' — quantity beyond personal use (typically over 2 grams pure), individually-wrapped baggies, digital scales, cash in small denominations, text messages about transactions, pay-owe sheets, and expert-witness testimony from narcotics officers on typical dealer conduct. Every one of these is contestable.
Is HS §11378 eligible for PC §1000 diversion?
No. PC §1000 excludes sales offenses. §11378 is categorically excluded. However, PC §1001.36 mental-health diversion may be available where meth addiction relates to a qualifying diagnosis. Reduction to §11377 unlocks PC §1000 diversion for personal-use dispositions.
Can HS §11378 be reduced to a misdemeanor?
Not directly — §11378 is a straight felony without wobbler status. But negotiated pleas to §11377 (Prop 47 misdemeanor, diversion-eligible) or PC §32 (accessory-after-the-fact, wobbler) achieve equivalent results. This is the standard defense path in personal-use quantity cases.
How do meth-specific weight enhancements work?
HS §11370.4(b) applies meth-specific thresholds: 1 kg = +3 years, 4 kg = +5 years, 10 kg = +10 years, 20 kg = +15 years. Note thresholds differ from §11370.4(a) applied to cocaine/heroin. These enhancements make probation categorically unavailable and mandate consecutive sentencing.
How does §11378 affect immigration status?
§11378 is a categorical aggravated felony under INA §101(a)(43)(B) and controlled-substance offense under INA §237(a)(2)(B) — mandatory deportation, permanent bar to reentry, and ineligibility for cancellation of removal, asylum, and most immigration relief. Non-citizens face permanent removal. Reduction to §11377 preserves immigration relief.
What is the mandatory minimum sentence for HS §11378?
None on the base offense — §11378 permits probation. However, weight enhancements under HS §11370.4(b) prohibit probation once thresholds attach (1 kg meth = +3 years mandatory). Sales-to-minor and school-zone enhancements also eliminate probation eligibility.
Can HS §11378 be expunged?
Yes if probation was granted and successfully completed — PC §1203.4 expungement. If state-prison sentence was imposed, expungement not available under §1203.4 but PC §1203.42 may apply for realignment-eligible cases. Expungement does NOT restore federal firearm rights or reverse immigration consequences.
Available 24/7 — Free Consultation
Charged with HS §11378 Meth Possession for Sale?
Straight-felony aggravated-felony filings demand suppression-first defense. Rubin Law, P.C. pursues personal-use reductions to §11377, weight-enhancement dismissal, and diversion pathways. Call (213) 723-2337.