11378 HS Explained: Possession for Sale (Meth and Others)

California Health and Safety Code section 11378 makes it a crime to possess certain controlled substances for sale. It covers the non-narcotic substances in the schedules it lists, which include methamphetamine and psilocybin, the same broad group as the simple possession section 11377.

This page covers what section 11378 says as published on the California Legislature's official site, what the prosecution has to prove under the state's jury instructions, and the punishment that applies. It covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What 11378 HS says

Section 11378 sits in Article 5 of the Uniform Controlled Substances Act, titled "Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs." It opens:

"Except as otherwise provided in Article 7 (commencing with Section 4110) of Chapter 9 of Division 2 of the Business and Professions Code, a person who possesses for sale a controlled substance that meets any of the following criteria shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code:"

The five criteria are:

1. "The substance is classified in Schedule III, IV, or V and is not a narcotic drug, except the substance specified in subdivision (g) of Section 11056."
2. "The substance is specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d)."
3. "The substance is specified in paragraph (11) of subdivision (c) of Section 11056."
4. "The substance is specified in paragraph (2) or (3) of subdivision (f) of Section 11054."
5. "The substance is specified in subdivision (d), (e), or (f), except paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of paragraph (2) of subdivision (f), of Section 11055."

Which drugs those schedules include

The section never names a drug. The names come from the schedules it points to:

• Methamphetamine and amphetamine. Section 11055(d), the Schedule II stimulants, lists "(1) Amphetamine" and "(2) Methamphetamine, its salts, isomers, and salts of its isomers." Criterion 5 brings 11055(d) into section 11378.
• Psilocybin and psilocyn. Section 11054(d), the Schedule I hallucinogenic substances, lists "(18) Psilocybin" and "(19) Psilocyn." Criterion 2 brings 11054(d) into section 11378, apart from the seven paragraphs it excludes.

This page does not list every substance in those schedules. The full lists are in section 11054 and section 11055. Possession for sale of heroin, cocaine, and other narcotic-type drugs is covered in our 11351 HS explainer.

What the prosecution has to prove

California's official jury instruction is CALCRIM No. 2302, "Possession for Sale of Controlled Substance (Health & Saf. Code, §§ 11351, 11351.5, 11378, 11378.5)," published by the Judicial Council of California (2026 edition). It tells the jury the prosecution must prove that:

1. The defendant possessed a controlled substance.
2. The defendant knew of its presence.
3. The defendant knew of the substance's nature or character as a controlled substance.
4. When the defendant possessed the controlled substance, the defendant intended to sell it, or intended that someone else sell it.
5. The controlled substance was the substance charged (or, for a substance not listed in the schedules, an analog of it).
6. The controlled substance was in a usable amount.

The instruction defines selling as "exchanging" the substance "for money, services, or anything of value." A usable amount is "a quantity that is enough to be used by someone as a controlled substance," and "Useless traces [or debris] are not usable amounts."

The instruction's optional paragraphs say the People do not need to prove the defendant knew which specific controlled substance was possessed, that two or more people may possess something at the same time, and that a person does not have to hold or touch something to possess it if the person has control over it or the right to control it. It also says "Agreeing to buy a controlled substance does not, by itself, mean that a person has control over that substance."

Penalties under 11378 HS

Section 11378 says a person who possesses a listed substance for sale "shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code." It gives no county-jail-only alternative, so on its text it is not a wobbler.

Penal Code section 17(a) defines a felony as "a crime that is punishable with death, by imprisonment in the state prison, or, notwithstanding any other law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170."

Section 11378 does not state a term of years. Penal Code section 1170(h)(1) covers that situation:

"Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years."

Section 1170(h)(3) says that where the defendant has a prior or current felony conviction for a serious felony under section 1192.7(c) or a violent felony under section 667.5(c), has an out-of-state prior with all the elements of one of those, is required to register as a sex offender, or receives an enhancement under section 186.11, "an executed sentence for a felony punishable pursuant to this subdivision shall be served in the state prison."

Section 1170(h)(4) adds that nothing in the subdivision prevents "other dispositions authorized by law, including pretrial diversion, deferred entry of judgment, or an order granting probation pursuant to Section 1203.1." This page does not cover whether any particular disposition is available for a 11378 charge.

Section 11395 and prior 11378 convictions

Proposition 36 added section 11395, the "Treatment-Mandated Felony Act," effective December 18, 2024. It does not change the punishment in section 11378. It makes possession of a hard drug punishable by county jail for up to one year or under section 1170(h) for a person with "two or more prior convictions for a felony or misdemeanor violation of" a list of sections that includes 11378, so a prior 11378 conviction can count toward that threshold. Section 11395(e) includes methamphetamine in its definition of hard drug and excludes psilocybin. See the 11377 HS explainer for more on section 11395.

Related sections

• Health and Safety Code section 11377. Simple possession of the same group of substances. See our 11377 HS explainer.
• Health and Safety Code section 11351. Possession for sale of heroin, cocaine, and other narcotic-type drugs. See our 11351 HS explainer.
• Health and Safety Code section 11379. The next section in the same article, not covered on this page. Official text.
• Health and Safety Code section 11395. The Treatment-Mandated Felony Act. Official text.
• Penal Code section 1170. Subdivision (h) covers county jail felony sentencing. Official text.

For psilocybin specifically, see California psilocybin mushroom laws. For how California sorts crimes into felonies and misdemeanors, see California felony and misdemeanor classes. Other statute explainers are in our statutes library.

Legislative history

The official history note for section 11378 reads: "Amended by Stats. 2013, Ch. 76, Sec. 110. (AB 383) Effective January 1, 2014." The note does not describe what the amendment changed. The text quoted on this page is the version published on the Legislature's site as of October 20, 2026.

What happens after an arrest for 11378 HS

A "11378" on a jail roster or booking sheet is the arresting agency's charge. The prosecutor reviews the evidence and decides whether to file a possession-for-sale charge, a simple possession charge, a different charge, or nothing. The first court appearance, the arraignment, is where the filed charges are read.

Our California charge code lookup translates other booking codes, and What Happens After You Get Arrested walks through the steps from booking to arraignment.

Disclaimer

This page explains what California Health and Safety Code section 11378 and the related sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and reading it does not create an attorney-client relationship. A possession-for-sale case often turns on the evidence of intent, so anyone facing a 11378 charge should speak with a criminal defense lawyer licensed in California.

Last updated: October 20, 2026.

Frequently Asked Questions

What is 11378 HS in California?

Health and Safety Code section 11378 punishes possessing for sale a controlled substance that meets one of its five schedule-based criteria. Those criteria include methamphetamine and amphetamine (section 11055(d)) and hallucinogens such as psilocybin (section 11054(d)), with listed exceptions.

Is 11378 a felony in California?

The section says the person shall be punished under Penal Code section 1170(h) and gives no county-jail-only alternative. Penal Code section 17(a) defines a crime punishable under 1170(h) as a felony.

What is the sentence for 11378 HS?

Section 11378 does not state a term. Penal Code section 1170(h)(1) sets 16 months, two, or three years in county jail where the underlying offense does not specify a term, and section 1170(h)(3) sends an executed sentence to state prison for a defendant with certain prior or current serious or violent felony convictions, a sex offender registration requirement, or a section 186.11 enhancement.

Is 11378 the same as 11351?

No. Both are possession-for-sale offenses and share the jury instruction CALCRIM No. 2302, but they cover different substances. Section 11378 covers methamphetamine and other non-narcotic substances in the schedules it lists. Section 11351 covers heroin, cocaine, opiates, and other narcotic-type drugs, and states a term of two, three, or four years under section 1170(h).

What is the difference between 11377 and 11378?

Section 11377 is simple possession, punishable by county jail up to one year unless the person has certain priors. Section 11378 is possession for sale, punishable under Penal Code section 1170(h). The jury instruction for 11378 adds the element that the defendant intended to sell the substance or intended that someone else sell it.