Possession of a Controlled Substance in California
Health & Safety Code 11350 HS Defense Lawyer
Possession of a controlled substance is one of the most common drug charges filed in California.
Under California Health and Safety Code 11350, it is illegal to possess certain drugs—such as heroin, cocaine, or prescription medications—without a valid prescription.
Since the passage of Proposition 47, most simple possession cases are charged as misdemeanors, not felonies.
However, a conviction may still result in incarceration, fines, probation, and serious collateral consequences, including difficulties with employment, professional licenses, and immigration status.
If you have been charged with drug possession in Los Angeles County, understanding your rights and options is critical. Cron, Israels & Stark is here to help. Schedule your consultation at (424) 372-3112 or contact us here.
What Is Health & Safety Code 11350?
Health & Safety Code 11350 makes it unlawful to possess a usable amount of a controlled substance without a prescription. The law applies to both street drugs and prescription medications when possessed illegally.
Related statutes include:
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California Health and Safety Code 11377 – Methamphetamine possession
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Other drug-specific possession laws that carry similar penalties
While HS 11350 typically covers personal use, certain circumstances may still result in felony charges.
California Penal Code 4573.5 prohibits bringing or possessing drugs or alcohol inside a jail or prison, sending or attempting to send controlled substances into a correctional facility, and knowingly transporting contraband into detention centers.
California Penal Code 4573 makes it a crime to knowingly bring controlled substances into a jail, prison, juvenile detention facility, or any other custodial institution.
What Is a “Controlled Substance”?
A controlled substance is a drug regulated by the State of California because it has the potential for abuse or addiction. These substances are classified into schedules based on medical use and risk.
Examples of Controlled Substances:
Some controlled substances have accepted medical uses with a prescription. Others have no legal medical use and are illegal under all circumstances.
California Drug Schedules Explained
California classifies controlled substances into five schedules:
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Schedule I – High abuse potential, no accepted medical use
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Schedule II – High abuse potential, limited medical use
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Schedule III – Moderate abuse potential
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Schedule IV – Lower abuse potential (many prescription medications)
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Schedule V – Lowest level of control
Most possession cases under HS 11350 involve substances within these schedules.
What Is “Drug Possession” Under California Law?
California recognizes three types of possession, all of which may result in criminal charges.
Actual Possession
You have physical control of the drug, such as in your pocket, bag, or hand.
Constructive Possession
You do not physically possess the drug, but you know it is present and have the ability to control it, such as drugs found in a car or shared residence.
Joint Possession
Two or more people share control over the same controlled substance.
Possession does not require ownership—only control and knowledge.
What Must the Prosecutor Prove?
To convict you under HS 11350, the prosecution must prove every element beyond a reasonable doubt, including:
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The substance was a controlled substance
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You possessed the substance
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You knew the substance was present
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You knew it was a controlled substance
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You possessed a usable amount (not mere residue)
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You did not have a valid prescription
If the prosecutor fails to prove any one of these elements, the case may be dismissed or reduced.
California Penal Code Section 802 establishes the statute of limitations for misdemeanors.
Penalties for Possession of a Controlled Substance
Misdemeanor Possession
Most HS 11350 cases are misdemeanors punishable by:
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Up to 1 year in county jail
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A fine of up to $1,000
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Misdemeanor probation and drug counseling
Felony Possession
In limited circumstances—such as certain prior convictions or aggravating factors—possession may be charged as a felony, subject to increased penalties.
Drug Diversion and Drug Court Options
Many non-violent possession cases qualify for drug diversion programs or drug court, allowing defendants to avoid jail.
If you successfully complete the program:
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The case is dismissed
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No conviction appears on your record
In practice, the Los Angeles County District Attorney's Office often declines to prosecute misdemeanor HS 11350 cases outright.
Common Defenses to Drug Possession Charges
Being charged does not mean you will be convicted. Common defenses include:
Lack of Knowledge
You did not know the drug was present.
Lack of Control
You did not have access or authority over the substance.
Illegal Search or Seizure
The Fourth Amendment prohibits unlawful searches by police.
Valid Prescription
You lawfully possessed the medication.
Every defense depends on the specific facts of your case. Perhaps we can argue there is insufficient evidence to convict.
Why Early Legal Help Matters
Even misdemeanor drug charges can have long-term consequences. Early representation allows an attorney to:
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Challenge illegal searches
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Seek dismissal or diversion
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Protect your record
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Avoid unnecessary jail time
Speak With a Los Angeles Drug Possession Lawyer
If you or a loved one has been charged with possession of a controlled substance under Health & Safety Code 11350, experienced legal guidance can make a critical difference.
At Cron, Israels & Stark, our criminal defense attorneys have decades of combined experience defending drug cases throughout Los Angeles County. We know how these cases are charged—and how to fight them.
📞 Call (424) 372-3112 for a free case evaluation.