DRUG CRIMES LAW — CALIFORNIA
Heroin Possession and Sales Laws in California — HS §11350
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney
Quick Reference
Heroin Laws California — At a Glance
- Law / Code
- HS §11350 / HS §11351 / HS §11352
- Classification
- Misdemeanor (possession) / Felony (sales/transport)
- Maximum Penalty
- Up to 1 year (possession) / 3–9 years (sales)
- Probation Eligible
- Yes for possession
- Strike Offense
- No
What Is Heroin Laws California Under California Law?
Legal Framework. Heroin is a controlled substance in California, listed as a Schedule I opiate under Health and Safety Code section 11054, subdivision (c)(11). Simple possession for personal use is generally prosecuted under Health and Safety Code section 11350, subdivision (a), which prohibits possessing a controlled substance unless authorized by law. The prosecution must prove the person exercised control over heroin, knew it was present, knew of its nature as a controlled substance, and possessed a usable quantity. Actual possession is not required: heroin in a pocket, backpack, car, or residence may support a charge if the evidence establishes knowing control. Mere proximity, presence where drugs are found, or association with another person possessing heroin is not enough.
The Prosecution's Burden. A violation of HS section 11350, subdivision (a), is generally a misdemeanor punishable by up to one year in county jail. For many eligible defendants, however, the court must consider treatment-oriented alternatives, including pretrial diversion under Penal Code section 1000 and, in appropriate cases, drug treatment probation under Penal Code section 1210.1. Possession for sale under HS section 11351 is a felony; it applies when heroin is possessed with the intent to sell and carries a state-prison triad of two, three, or four years. Transportation, importation, furnishing, administering, giving away, or selling heroin under HS section 11352, subdivision (a), is also generally a felony, commonly carrying a three-, four-, or five-year triad. The particular conduct, quantity, packaging, evidence of sales activity, prior record, and applicable sentencing enhancements can substantially affect exposure.
Potential Consequences. The dividing line between personal possession and sales conduct is often the central issue. HS section 11350 addresses possession for personal use, while HS section 11351 requires proof of intent to sell; police and prosecutors may rely on circumstantial evidence such as quantity, individual packaging, scales, cash, customer messages, or admissions. HS section 11352 concerns a completed act of sale, transfer, furnishing, transportation for sale, or other specified distribution conduct; it does not require that the accused personally own the heroin. Cases may also involve possession of paraphernalia under HS section 11364, though that offense is distinct and carries its own elements. In Los Angeles County, LAPD or LASD reports, body-worn-camera footage, laboratory testing, search-warrant materials, and digital evidence often determine whether the DA can prove the charged offense rather than merely suspect drug activity.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under HS §11350 / HS §11351 / HS §11352
To convict under HS §11350 / HS §11351 / HS §11352, the prosecution must prove each of the following elements beyond a reasonable doubt:
Possession or Transportation
Knowing possession or transportation of a usable quantity of heroin.
Knowledge of Nature
Knowledge that the substance was heroin or another controlled substance.
Intent to Sell (Sale Statutes)
For HS §11351/11352, sales indicia — packaging, scales, cash, and expert opinion — must prove distribution intent.
All elements must be proven beyond a reasonable doubt.
Penalties
Penalties for Heroin Laws California in California
Misdemeanor
HS §11350: up to 1 year jail; PC §1000 diversion available.
Felony
HS §11351: 2, 3, or 4 years state prison. HS §11352: 3, 4, or 5 years (up to 9 for cross-county).
Additional Consequences
- Fentanyl-related enhancements under HS §11370.4 and pending legislation
- Federal 21 USC §841 exposure for wholesale conduct
- Overdose-death investigations triggering PC §191.5 or murder charges
05 — Defense Strategies
How Rubin Law Defends Heroin Laws California Charges
Rubin Law, P.C. attacks the elements of HS §11350 / HS §11351 / HS §11352 and drives outcomes that avoid conviction where possible.
Challenge Knowledge and Possession
HS section 11350 requires knowing possession, and HS section 11351 likewise requires knowing possession plus intent to sell. The government must do more than show that heroin was found nearby. A passenger in a vehicle, a guest in an apartment, or one of several people with access to a bag or room may lack dominion and control over the substance. The defense examines who owned the container, who had keys or access, whether others admitted ownership, and whether police made unsupported assumptions. Evidence that the accused did not know the heroin was present or did not know its nature can defeat an essential element of the charge.
U.S. Const. amend. IV
Litigate an Unlawful Search or Stop
Heroin recovered after a traffic stop, patdown, vehicle search, home entry, probation search, or warrant execution may be excluded if law enforcement violated the Fourth Amendment. A motion to suppress under Penal Code section 1538.5 can challenge the legal basis for the detention, arrest, search, warrant affidavit, scope of consent, or claimed exception to the warrant requirement. In a Los Angeles case, the defense may obtain LAPD or LASD body-worn-camera footage, dispatch records, search-warrant materials, and reports to test the officer’s account. If the court suppresses the heroin and derivative evidence, the prosecution may be unable to proceed.
17 CCR §1219.3
Contest Intent to Sell
Possession of heroin does not become HS section 11351 merely because police believe the amount is suspicious. The prosecution must prove a specific intent to sell, usually through circumstantial evidence. Quantity, packaging, cash, scales, ledgers, phones, and expert opinion require close scrutiny. A quantity consistent with personal use, a scale used to avoid overdosing, cash from lawful work, or messages without actual sales content may have innocent explanations. The defense also challenges whether officers improperly transformed addiction-related conduct into sales evidence. Without reliable proof that the heroin was held for distribution rather than personal consumption, a possession-for-sale charge is not established.
NHTSA SFST
Dispute the Substance and Usable Quantity
The prosecution must prove that the seized material was heroin or a substance prohibited by the charged statute. Field tests are presumptive, not conclusive, and laboratory procedures, chain of custody, sample handling, and the analyst’s conclusions can be examined. In simple-possession cases, California law also requires a usable quantity; trace residue that cannot be consumed in a manner commonly used for the drug may be insufficient. The defense reviews booking and evidence logs, laboratory reports, weights, photographs, and whether the tested sample was reliably linked to the item allegedly recovered. A discrepancy can create reasonable doubt or materially reduce the charge.
VC §23152
Attack a Claimed Sale, Transfer, or Transportation
HS section 11352 covers selling, furnishing, administering, giving away, importing, or transporting heroin for sale. A police observation of a brief encounter, a hand-to-hand movement, or travel with another person does not automatically prove one of those acts. The defense tests whether officers actually saw contraband change hands, whether alleged buyers were searched, whether recorded funds were recovered, and whether surveillance video or audio supports the report. When transportation is alleged, the prosecution must still establish the statutory intent component. Ambiguous conduct, unreliable confidential-informant information, or an uncorroborated accusation can leave the distribution allegation unproven.
17 CCR §1219.1
Pursue Diversion, Treatment, or a Reduced Resolution
For an eligible person charged with simple heroin possession under HS section 11350, Penal Code section 1000 pretrial diversion may offer a route to dismissal after completion of court-ordered treatment and other conditions. Penal Code section 1210.1 can also require drug treatment probation for qualifying nonviolent drug-possession offenses, subject to statutory exclusions and individualized facts. These programs do not ordinarily apply to possession for sale or sales charges under HS sections 11351 and 11352, but treatment history can still matter in negotiations and sentencing advocacy. Early presentation of treatment enrollment, assessment records, stable housing, and compliance can support a disposition that avoids unnecessary custody or a conviction for a more serious sales offense.
VC §23103.5
Constitutional Sources: Fourth Amendment — U.S. Constitution
Collateral Consequences of a Heroin Laws California Conviction
A conviction does not end when the jail sentence does. These are the long-tail consequences that shape how we negotiate and litigate every case.
Immigration Consequences
A conviction can trigger removal, inadmissibility, or denial of naturalization for non-citizens. Even a plea to a reduced charge may be treated as a conviction under federal immigration law. We build every plea with the immigration file in mind.
Firearm Rights
A felony conviction under PC §29800 permanently bars firearm possession under California and federal law. Some misdemeanors also trigger a 10-year California ban under PC §29805. Restoration is limited and case-specific.
Professional Licensing
Nurses, teachers, contractors, real estate agents, CDL holders, and lawyers must self-report criminal convictions to their licensing boards. Boards can suspend, restrict, or revoke a license based on the underlying conduct — not just the conviction.
Employment & Background Checks
A conviction shows up on virtually every background check for the rest of your life absent expungement under PC §1203.4 or record sealing. Employers in healthcare, finance, government, and childcare treat it as disqualifying.
Housing Applications
Private landlords, subsidized housing programs, and student housing all screen criminal records. A recent conviction can end an application before it is reviewed. We negotiate with the record in mind.
Civil Liability Exposure
A criminal conviction can be used as evidence in a parallel civil suit under Evidence Code §1300. Victims routinely file civil actions after a conviction — often for damages that dwarf the criminal fines.
Questions
Frequently Asked — Heroin Laws California
What is the penalty for heroin possession in California?
Simple heroin possession for personal use is generally a misdemeanor under Health and Safety Code section 11350, subdivision (a), punishable by up to one year in county jail. Jail is not inevitable. Depending on eligibility and the facts, a person may qualify for pretrial diversion under Penal Code section 1000 or treatment-focused probation under Penal Code section 1210.1. A prior record, probation status, alleged sales evidence, or a related offense can change the case substantially. Possession for sale is not treated as simple possession: HS section 11351 is a felony with a two-, three-, or four-year state-prison triad. The court also may impose fines, probation conditions, drug testing, treatment, and search conditions where authorized.
How do police prove heroin was possessed for sale rather than personal use?
To prove possession for sale under HS section 11351, the prosecutor must establish knowing possession of heroin and a specific intent to sell it. There is no fixed quantity that automatically proves sales. Prosecutors commonly rely on quantity, separate packaging, scales, cash, pay-owe sheets, customer communications, surveillance, admissions, and expert testimony about drug-sales practices. Each item must be evaluated in context. Cash may come from work or benefits, packaging may be consistent with purchases or personal dosing, and a phone message may be ambiguous or attributable to someone else. Evidence of personal use, addiction treatment, lack of sales tools, and a quantity consistent with personal consumption can undermine the inference of intent to sell.
Can I be charged if the heroin was in someone else’s car or home?
Not merely because you were present. Under HS section 11350, the prosecution must prove you knowingly exercised control over the heroin. Constructive possession can exist when drugs are not physically on a person but are under that person’s control, such as in a personal bag, locked room, or area over which the person has authority. But shared access creates factual issues. A passenger in a car, a visitor in a home, or a roommate in a shared residence may have no knowledge of the heroin and no right to control it. Police often infer possession from proximity. The defense focuses on ownership, access, fingerprints or digital evidence where relevant, statements by others, and whether the accused had any connection to the specific location or container.
Is selling or giving heroin to another person treated differently from possession?
Yes. Health and Safety Code section 11352, subdivision (a), generally makes it a felony to transport heroin for sale, import it into California, sell it, furnish it, administer it, give it away, or offer or attempt to do those things. The usual sentencing triad is three, four, or five years in state prison, although sentencing can depend on the precise conduct, charging allegations, record, and enhancements. Giving heroin away can be charged under the same statute as a commercial sale; the prosecution need not prove a profit. A completed distribution charge is different from HS section 11351, which addresses possession with intent to sell before a transfer occurs. The evidence must still prove the particular act alleged beyond a reasonable doubt.
Can a heroin possession case be dismissed through drug diversion in Los Angeles?
Potentially. For eligible simple-possession cases under HS section 11350, Penal Code section 1000 allows pretrial diversion. If the court grants diversion and the person completes the required program and conditions, the charge can be dismissed. Eligibility is statutory and depends on the current charge, prior record, related allegations, and other case-specific facts. Penal Code section 1210.1 may also provide treatment-focused probation for qualifying nonviolent drug-possession offenses. These options generally do not extend to possession for sale under HS section 11351 or sale and transportation allegations under HS section 11352. In Los Angeles County, eligibility and program terms are addressed in the assigned courthouse and may require prompt documentation of treatment needs and enrollment.
Will a heroin conviction affect my license, job, or immigration status?
It can. A drug conviction may create employment, professional-licensing, housing, probation, and immigration consequences beyond the criminal sentence. For noncitizens, controlled-substance convictions are particularly serious under federal immigration law; the exact consequence depends on the statute of conviction, record of conviction, prior history, and immigration status. Do not assume that a misdemeanor under HS section 11350 is harmless, or that diversion has the same effect as a conviction in every setting. A sales conviction under HS sections 11351 or 11352 can carry more severe collateral consequences. Before accepting a plea, obtain advice addressing both the criminal case and immigration consequences. For a case-specific defense review, Rubin Law, P.C. can be reached at (213) 723-2337.
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