Legal Question in Criminal Law in California

Re: 11377a

Your case can be fought if your lawyer can make a convincing argument that 1/10 of a gram did not constitute what could be described as a "usable" amount. Get an attorney and feel free to contact my office.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: 11377a

At some point there is not enough of a sample to take to a toxicology lab, and the smaller the sample the better the odds that a lawyer who cares about the defendant can successfully raise the issue.

Re: 11377a

No. Any amount that can be taken into the body and cause an effect (the law does not say what kind of effect) is sufficient. To my knowledge, no case has ever established a minimum weight. I believe many convictions have been upheld where the amount was under 1/10th of a gram.

Re: 11377a

I litigated a case like this once and relied upon People v. Leal, (1966) 64 Cal.2d 504.

If the quantity is insufficient for sale or consumption, there may be a defense. What is insufficient for these purposes is a quantity that cannot cause a narcotic (or intoxicating) effect.

We argued that Leal puts the burden on the prosecution to show the quantity is sufficient when the issue is raised by the defendant.

In my case, the prosecution offered no evidence of a narcotic effect (cocaine in that case) and the defendant was acquitted.

If the prosecution offers expert testimony, the defendant will usually need an expert to counter it.

David Beauvais, Esq.

1904 Franklin Street, Suite 80

Oakland, CA 94612

Re: 11377a

You have received a number of very good answers that are legally correct. Even so, the practicality of Ventura County, where your zip code suggests you are being prosecuted, is that the DA will not prosecute 11377(a) cases involving less than 1/10 gram of methamphetamine absent special circumstances (a significant prior record being the most common).

Accordingly, even though 1/10 gram is legally a chargeable amount, it is the chosen cut off in Ventura County for what will and will not be prosecuted. All amounts above that will be prosecuted as a felony.