California Health & Safety Code 11370.1 – Possession of a Controlled Substance While Armed

Overview

Health and Safety Code 11370.1 HS makes it a felony to possess a controlled substance while also armed with a loaded, operable firearm. This charge is extremely serious because it combines elements of both drug and gun offenses—and California prosecutors treat it as a public safety threat.

Even if the gun was legally owned or not directly used during the arrest, being “armed” while in possession of narcotics is enough to trigger felony charges.

At Jones Trial Attorneys, we’ve successfully defended HS 11370.1 charges by challenging unlawful searches, proving lack of access or intent, and separating the firearm from the drugs.

Legal Definition

Under Health & Safety Code § 11370.1(a), a person violates the law if they:

“Unlawfully possess any amount of a controlled substance… and at the same time are armed with a loaded, operable firearm.”

Key controlled substances include:

• Cocaine

• Heroin

• Methamphetamine

• PCP

• Certain hallucinogens

Elements of the Crime

To convict under HS 11370.1, the prosecution must prove:

1. You unlawfully possessed a controlled substance listed in the statute;

2. The substance was in a usable amount;

3. You were armed with a loaded, operable firearm at the same time; and

4. You knew you possessed both the drug and the firearm.

You do not need to have the firearm in your hand—it may be in a backpack, drawer, or glove box nearby.

Penalties for HS 11370.1

This is a straight felony under California law (not a wobbler).

• 2, 3, or 4 years in county jail (pursuant to Realignment)

• Up to $10,000 in fines

• Probation may be available in limited cases

• Mandatory firearms prohibition

• Registration as a narcotics offender in some cases

This charge may also impact eligibility for diversion or other alternative sentencing programs.

Defenses to HS 11370.1 Charges

These cases often rise or fall on how the search was conducted and the exact location of the drugs and firearm. Defenses include:

• Unlawful search and seizure – Violation of your Fourth Amendment rights

• Lack of knowledge – You didn’t know the drugs or firearm were present

• Drugs and firearm were not “together” – Items were not sufficiently proximate

• The firearm was unloaded or inoperable

• Constructive possession cannot be established – The items were not under your control

Immigration and Employment Consequences

This charge is a felony controlled substance offense and a firearm offense, making it especially damaging for:

• Non-citizens (deportable and inadmissible offense)

• Professionals with state licenses (medical, legal, education, etc.)

• Anyone undergoing background checks or holding security clearance

We always assess immigration-safe alternatives when resolving these cases.

Related Offenses

• HS 11377 – Simple Possession (methamphetamine)

• PC 29800 – Felon in Possession of a Firearm

• PC 30305 – Possession of Ammunition by a Prohibited Person

• HS 11351 – Possession for Sale

How Jones Trial Attorneys Can Help

HS 11370.1 charges carry significant exposure, but they’re also highly defensible. Our team knows how to attack the evidence, suppress unlawful searches, and negotiate for smart, long-term outcomes—especially for first-time offenders or those facing serious collateral consequences.

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