A night shift police officer was conducting patrol checks in the 1800 block of W. Malvern when they ran into someone carrying over 60 grams of methamphetamine, according to the Fullerton Police Department.
Pro tip: if your backpack has more ice than a corner store freezer, you’re not “breaking bad”… you’re just breaking the law!
Needless to say, the suspect’s night got cut short, and their new address doesn’t come with room service.
In California, possession of methamphetamine is governed by Health & Safety Code § 11377(a). The penalties depend on the amount, the intent, and the suspect’s criminal history.
Since the suspect was found with over 60 grams, which is a large quantity, prosecutors may charge them with possession with intent to sell under Health & Safety Code § 11378, rather than simple possession.
Here’s a breakdown of the possible penalties:
If Charged with Simple Possession (HS § 11377(a))
- Usually a misdemeanor.
- Penalty: Up to 1 year in county jail and/or a fine up to $1,000.
- Eligible for drug diversion programs (e.g., treatment instead of jail) if no prior serious convictions.
If Charged with Possession for Sale (HS § 11378)
- This is a felony.
- Penalty: 16 months, 2 years, or 3 years in county jail.
- Fines can reach up to $10,000.
- Diversion programs are not available for this charge.
Other Considerations
- If the suspect has prior convictions for serious or violent felonies, penalties may be enhanced.
- If there’s evidence like multiple baggies, scales, or large amounts of cash, it strengthens the case for intent to sell.
- A felony conviction can affect future employment, housing, and rights (e.g., firearm ownership).