California Health & Safety Code 11350 – Possession of Fentanyl 

Overview 

California Health & Safety Code 11350 HS makes it a crime to possess fentanyl or other Schedule II opioids without a valid prescription. Although often charged as a misdemeanor after Proposition 47, fentanyl possession is treated very seriously by prosecutors and courts due to the drug’s potency and public health impact. 

At Jones Trial Attorneys, we defend fentanyl cases with urgency and care—protecting clients from jail time, long-term consequences, and the stigma of a drug conviction. 

Legal Definition 

Health & Safety Code § 11350 states: 

“Except as otherwise provided… every person who possesses any controlled substance… including fentanyl, morphine, or codeine, shall be punished accordingly.” 

Fentanyl is classified as a Schedule II controlled substance, meaning it has accepted medical uses but a high potential for abuse. 

Elements of the Crime 

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

1. You possessed fentanyl (actual or constructive possession); 

2. You knew of its presence; 

3. You knew it was a controlled substance; and 

4. The amount was usable (more than residue). 

Possession of a prescription in someone else’s name is not a valid defense. 

Penalties for Possession of Fentanyl 

Post-Prop 47, HS 11350 is generally charged as a misdemeanor: 

• Up to 1 year in county jail 

• Misdemeanor probation 

• Drug treatment and education 

• Fines up to $1,000 

Felony Possession may apply if: 

• You have prior serious or violent felonies 

• You are required to register as a sex offender 

Diversion Programs for Fentanyl Possession 

Many clients qualify for diversion or alternative sentencing, including: 

• PC 1000 – Pretrial Diversion for Drug Offenses 

• Prop 36 – Drug Treatment Instead of Jail 

• PC 1001.95 – Judicial Diversion 

Upon successful completion, charges are dismissed and records may be sealed. 

Defenses to HS 11350 Charges 

We defend fentanyl possession charges using legal, factual, and procedural strategies. Common defenses include: 

• Lack of knowledge – You didn’t know the substance was present 

• No usable quantity – Only residue was found 

• Illegal search or seizure – The stop, frisk, or search violated your rights 

• Valid prescription – You had a lawful reason for possession 

• The drugs weren’t yours – Common in rideshare, roommate, or shared storage scenarios 

Our goal is always dismissal, diversion, or a result that protects your long-term future. 

Immigration and Employment Consequences 

Because HS 11350 is a drug offense, it carries serious risks: 

• Deportation or inadmissibility for non-citizens 

• Loss of professional licenses (nursing, teaching, law, etc.) 

• Permanent criminal record unless sealed or dismissed 

We build defense strategies tailored to immigration status, employment needs, and public record concerns. 

Related Offenses 

• HS 11350 – Possession of a Controlled Substance 

Another Prop 47 misdemeanor offense 

• HS 11364 – Drug Paraphernalia Possession 

Common companion charge 

• HS 11351 – Possession for Sale 

More serious charge requiring intent to distribute 

How Jones Trial Attorneys Can Help 

Fentanyl charges are sensitive—and prosecutors often take a tough stance. We move quickly to protect your rights, challenge illegal searches, and explore every opportunity for dismissal, diversion, or treatment-based resolution. 

💼 Free consultations 

⚖️ Trial-tested representation 

📍 Local San Diego firm with deep courtroom experience 

Talk to a Drug Crimes Attorney Today 

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.