California Health & Safety Code 11350 – Possession of a Controlled Substance

Overview

Health & Safety Code 11350 HS makes it a crime to unlawfully possess a controlled substance without a valid prescription. This includes drugs like cocaine, heroin, LSD, or prescription medications such as oxycodone or Xanax.

Simple possession is typically charged as a misdemeanor in California—especially after Prop 47—but the consequences can still be serious. At Jones Trial Attorneys, we help clients resolve these charges through dismissals, treatment-based alternatives, or record-cleaning options—often without jail time.

Legal Definition

Health & Safety Code § 11350(a) states:

“Except as otherwise provided… every person who possesses any controlled substance… unless upon the written prescription of a physician… shall be punished.”

Controlled substances are listed in Schedules I–IV, and include:

• Cocaine

• Heroin

• Methadone

• Fentanyl

• Oxycodone / Vicodin (without prescription)

• Alprazolam (Xanax), Diazepam (Valium), etc.

Elements of the Crime

To convict someone of possession under HS 11350, the prosecution must prove:

1. You unlawfully possessed a controlled substance;

2. You knew of its presence;

3. You knew it was a controlled substance; and

4. There was a usable amount.

Possession can be actual (on your person) or constructive (in your home, car, or belongings).

Penalties for HS 11350

After Proposition 47, simple possession is usually a misdemeanor:

• Up to 1 year in county jail

• Up to $1,000 fine

• Informal probation

• Court-ordered drug counseling

If you have certain serious prior convictions (e.g., sex offenses or violent felonies), possession may still be charged as a felony, with penalties up to 3 years in state prison.

Defenses to HS 11350 Charges

We’ve helped countless clients avoid convictions using proven defense strategies. Common defenses include:

• Lack of knowledge – You didn’t know the drug was present or what it was

• Prescription – You had a valid prescription from a licensed physician

• Unlawful search/seizure – Your Fourth Amendment rights were violated

• Entrapment or planted evidence – Especially in sting operations or high-policing areas

Many first-time offenders are eligible for Penal Code 1000 diversion, which allows charges to be dismissed after treatment.

Immigration and Employment Consequences

A conviction under HS 11350—even as a misdemeanor—can affect:

• Immigration status (grounds for removal or denial of naturalization)

• State licenses (healthcare, legal, real estate, etc.)

• Employment and background checks

We work to preserve your immigration status and career from the very first court date.

Related Offenses

• HS 11377 – Methamphetamine Possession

Similar offense for meth

• HS 11364 – Possession of Drug Paraphernalia

Charged when items like pipes or syringes are found

• HS 11351 – Possession for Sale

Felony possession with intent to distribute

How Jones Trial Attorneys Can Help

We know that possession charges don’t define a person—and we treat them accordingly. We explore every option: from constitutional violations and factual defenses to diversion and record clearance.

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