California Health & Safety Code 11350 HS: Possession of a Controlled Substance

Being charged with drug possession in California can disrupt your life overnight, but understanding the law is your first step toward building a strong defense.

Under California Health & Safety Code 11350 HS, it is illegal to possess controlled substances—such as narcotics or unauthorized prescription medications—without a valid prescription.

While Proposition 47 reduced most simple possession offenses to misdemeanors, a conviction can still result in up to a year in jail, severe fines, probation, and long-term consequences for your career and immigration status.

Whether you are facing charges in Los Angeles County or elsewhere in Southern California, understanding the specific legal definitions, prosecution requirements, and diversion options under HS 11350 is critical to protecting your freedom.

Below, our experienced criminal defense team breaks down everything you need to know about Health & Safety Code 11350 HS, from penalties and legal defenses to how you can get your charges dismissed.

Statutory Text: HS 11350(a)

“Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year...”

Key Statutory Definitions

To understand how California law applies to drug possession charges under HS 11350, it is critical to break down key legal concepts:

Controlled Substance: A drug, chemical substance, or precursor regulated under the California Uniform Controlled Substances Act because of its high potential for abuse, dependency, or addiction.
Usable Amount: An amount of a drug sufficient to be used as a controlled substance. It does not need to be enough to get high, but it must be more than mere trace evidence, useless residue, or microscopic particles.
Actual Possession: You have immediate, direct physical control over the substance (e.g., holding it in your hand or keeping it in your pocket).
Constructive Possession: You do not physically hold the drug, but you exercise control over it or maintain the right to control it, either directly or through another person (e.g., drugs stored in your glove compartment, bedroom closet, or safe).
Joint Possession: Two or more individuals share actual or constructive control over the same controlled substance simultaneously.
Knowledge: You were aware of the substance's presence and knew of its nature or character as a controlled substance, even if you did not know the exact chemical name.

California Drug Schedules Explained

California law classifies controlled substances into five primary schedules based on their medical utility, potential for abuse, and safety profile:

Schedule	Description & Criteria	Common Examples Covered Under HS 11350
Schedule I	High potential for abuse; no currently accepted medical use in treatment.	Heroin, LSD, Ecstasy (MDMA), Mescaline, Peyote.
Schedule II	High potential for abuse; severely restricted medical use with severe dependence risks.	Cocaine, Opium, Oxycodone, Hydrocodone, Morphine, Methadone.
Schedule III	Moderate to low potential for physical dependence; accepted medical uses.	Ketamine, Anabolic Steroids, Codeine-combined drugs.
Schedule IV	Low potential for abuse relative to Schedule III; accepted medical uses.	Xanax (Alprazolam), Valium (Diazepam), Clonazepam.
Schedule V	Lowest potential for abuse; limited quantities of certain narcotics.	Cough preparations with low doses of Codeine.

(Note: Methamphetamine possession is typically charged under California Health & Safety Code 11377 HS rather than 11350 HS).

What Must Be Proven to Convict (CALCRIM 2304)

To convict a defendant of illegal possession of a controlled substance under CALCRIM No. 2304, the prosecution must establish all six of the following elements beyond a reasonable doubt:

Possession: The defendant unlawfully possessed a controlled substance (actual, constructive, or joint).
Knowledge of Presence: The defendant knew the substance was present.
Knowledge of Nature: The defendant knew of the substance's nature or character as a controlled substance.
Usable Amount: The controlled substance was in a usable amount (more than mere debris or residue).
Lack of Prescription: The defendant did not hold a valid, lawful prescription from a licensed healthcare professional (physician, dentist, podiatrist, or veterinarian).
Identity of the Drug: The substance seized was, in fact, a controlled substance regulated under HS 11350.

Penalties for Possession of a Controlled Substance

Misdemeanor Penalties (Standard)

Most violations of HS 11350 are charged as misdemeanors under Proposition 47. Penalties include:

Up to 1 year (364 days) in county jail.
A maximum fine of $1,000 (plus court fees and assessments).
Misdemeanor (summary) probation, mandatory drug education classes, and community service.

Felony Penalties (Aggravated Circumstances)

Possession under HS 11350 can be elevated to a felony if the defendant has specific prior disqualifying criminal convictions, such as:

Sex offense convictions requiring registration under Penal Code 290 PC.
Prior convictions for severe violent felonies (e.g., murder, carjacking, sexually violent offenses) listed under Penal Code 667(e)(2)(C)(iv) ("Super Strikes").

Felony Penalties Include:

16 months, 2 years, or 3 years served in county jail under California's realignment program.
Fines up to $70,000 (depending on the specific substance and prior record).

Drug Diversion and Alternative Sentencing Options

First-time and non-violent offenders may qualify for pre-trial diversion or drug court programs that allow them to avoid jail time and clear their record upon successful completion:

Proposition 36 (Penal Code 1210.1 PC): Mandates community-based drug treatment instead of jail time for eligible non-violent drug offenders.
Penal Code 1000 PC (Deferred Entry of Judgment): Allows qualified defendants to enter a drug education program. Upon successful completion, the criminal charges are formally dismissed, leaving no criminal conviction record.

Common Defense Strategies

An experienced criminal defense attorney at Cron, Israels & Stark can utilize several proven defense strategies to challenge an HS 11350 charge:

Unlawful Search and Seizure (Fourth Amendment)

If law enforcement officers conducted a search without a valid warrant, lacked reasonable suspicion for a traffic stop, or exceeded the scope of a search warrant, a defense attorney can file a Penal Code 1538.5 Motion to Suppress Evidence. If the court suppresses the evidence, the prosecution is often forced to dismiss the charges.

Lack of Knowledge or Awareness

You cannot be convicted if you were unaware that the drugs were present (e.g., a friend left a jacket containing drugs in your car without your knowledge) or if you did not know the item was an illegal controlled substance.

Lack of Possession or Control

Constructive possession requires that you had control over the location where drugs were discovered. Being in the vicinity of drugs or sharing a residence or vehicle with someone who possesses drugs is insufficient to prove guilt beyond a reasonable doubt.

Valid Prescription Defense

If you possess prescription medications (such as Oxycodone or Xanax) and held a valid, lawful prescription written by a licensed medical provider at the time of the arrest, you are immune from prosecution under HS 11350.

Momentary Possession / Prescription Delivery

If you only briefly possessed the substance solely for the purpose of disposing of it or delivering it to a lawful owner/patient, you may assert the defense of temporary or momentary possession.

Hypothetical Examples

Constructive Possession Dismissal: Police execute a search of a shared apartment and locate cocaine inside a communal living room drawer. Because three roommates have equal access to the room and no physical evidence connects the cocaine directly to one tenant, charges are dismissed due to lack of exclusive control.
Suppression of Evidence (PC 1538.5): An officer stops a vehicle for a broken taillight and unlawfully searches the trunk without consent, probable cause, or a warrant, finding illegal prescription pills. The defense files a motion to suppress; the judge grants it, suppresses the seized pills, and orders a full dismissal.
Valid Prescription Exemption: A motorist is arrested after an officer discovers unbottled hydrocodone pills inside his pocket. The defense attorney provides legitimate medical records proving a valid doctor's prescription for the medication, resulting in the District Attorney's immediate rejection of the charges.

Related California Laws

Understanding related offenses is crucial because charges are frequently combined, substituted, or upgraded depending on evidence of intent, quantity, and location.

California Health and Safety Code 11377 HS (Possession of Methamphetamine): Regulates the simple possession of dangerous, non-narcotic drugs like methamphetamine, PCP, and ecstasy.
California Health and Safety Code 11351 HS (Possession of Controlled Substances for Sale): Charges apply when possession involves large quantities, scales, packaging materials, or high cash volumes indicating intent to sell rather than personal use.
California Health and Safety Code 11352 HS (Transportation or Sale of Controlled Substances): Makes it a severe felony to transport, sell, furnish, administer, or give away specified narcotics in California.
California Penal Code 4573 PC (Bringing Drugs into Jail or Custody): Makes it a felony to knowingly bring or send controlled substances into a jail, prison, or juvenile detention facility.
California Penal Code 4573.5 PC (Bringing Unauthorized Drugs into a Correctional Facility): Prohibits bringing unauthorized prescription drugs or alcoholic beverages into correctional institutions without legal authorization.
California Penal Code 802 PC (Statute of Limitations for Misdemeanors): Establishes that the state must formally file misdemeanor drug possession charges within one year from the date the crime was committed.

Frequently Asked Questions (FAQs)

Can an HS 11350 drug possession charge be completely expunged from my criminal record?

Yes. Under California Penal Code 1203.4 PC, if you successfully complete probation or fulfill the terms of your sentence, you can petition the court to set aside the verdict and dismiss the case, effectively expunging the conviction for most employment purposes.

What happens if I am caught with drugs while on probation or parole?

Possessing a controlled substance while on probation or parole triggers a probation violation alongside new criminal charges. You may face a summary revocation of your release, potential jail time for the original offense, and additional penalties for the new possession charge.

Does a conviction for simple possession under HS 11350 trigger automatic deportation for non-citizens?

Yes, drug convictions carry severe federal immigration consequences. Controlled substance offenses are deportable and inadmissible grounds under immigration law. Non-citizens must seek legal defense strategies aimed at drug diversion or charge reductions to non-drug offenses to protect their residency status.

Is marijuana covered under Health & Safety Code 11350 HS?

No. Cannabis possession is governed separately under California Health and Safety Code Sections 11357 HS through 11362.5 HS. Adult personal possession of up to 28.5 grams of cannabis is legal under Proposition 64.

How does a prosecutor establish that a substance was meant for sale rather than simple personal possession?

Prosecutors rely on circumstantial evidence to elevate simple possession (HS 11350) to possession for sale (HS 11351). Indications of intent to sell include possessing large quantities of drugs, individual packaging/baggies, digital scales, large amounts of small-denomination cash, multiple cell phones, and a lack of personal drug paraphernalia.

Speak With an Experienced Los Angeles Drug Defense Attorney

If you or a loved one faces drug possession charges under California Health & Safety Code 11350 HS, immediate legal intervention is vital to safeguard your constitutional rights, prevent jail time, and keep your criminal record clean.

The criminal defense team at Cron, Israels & Stark brings decades of combined legal experience defending complex drug cases throughout Los Angeles County and Southern California.

We analyze every angle of law enforcement conduct, fight illegal searches, and pursue full case dismissals or diversion placements whenever possible.

📞 Call (424) 372-3112 today for a free, confidential case consultation.

Possession of Drugs