California Health & Safety Code §11350 — Drug Possession (Simple)
Health & Safety Code §11350 makes it a crime to possess a usable amount of most controlled substances — including cocaine, heroin, oxycodone, hydrocodone, LSD, MDMA, and ketamine — without a valid prescription. Since Proposition 47, simple possession is a misdemeanor punishable by up to 1 year in county jail, and most defendants are eligible for treatment-based diversion programs that result in dismissal.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Drug Possession (Simple) Cases in All LA County Courts
01 — Quick Facts
HS §11350 — Drug Possession (Simple) at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Health & Safety Code §11350 — Possession of a Controlled Substance |
| Code Type | Health & Safety Code (HS) |
| Classification | Misdemeanor (post-Prop 47) |
| Jail Term | Up to 1 year county jail |
| Fine | Up to $1,000 |
| Diversion | PC §1000 deferred entry / drug court / mental health diversion |
| Prop 47 Applies | Yes — reclassified from felony to misdemeanor |
| Strike | No |
| Expungeable | Yes — often via dismissal after diversion (PC §1000.4) or §1203.4 |
| Immigration | Deportable controlled substance offense — critical for non-citizens |
| Firearm Rights | 10-year prohibition on convictions with any jail term |
| If Charged | Call (213) 723-2337 for a free consultation |
01 — What Is HS §11350?
What Is California Code §11350?
HS §11350 Reads:
"It shall be unlawful for a person to possess (1) any controlled substance specified in [Schedule I], (2) any controlled substance which is a narcotic drug classified in [Schedule III], (3) any controlled substance classified in [Schedules IV or V] which is a narcotic drug, [or] (4) certain narcotics and stimulants... unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state."
— California Health & Safety Code §11350(a)
HS §11350 covers simple possession — meaning possession for personal use, not for sale — of a wide range of controlled substances. Since the 2014 passage of Proposition 47, virtually every §11350 case is filed as a misdemeanor regardless of the drug involved, with two exceptions: defendants with prior convictions for certain violent felonies or sex offenses that require registration under PC §290.
Actual, Constructive, and Joint Possession
Possession under California law is broader than physical custody. Actual possession means the drug is on the defendant's person. Constructive possession means the defendant knowingly exercised control over the drug or the location where it was found. Two or more people can jointly possess the same drugs.
Simple Possession (§11350)
Possession for personal use. Misdemeanor under Prop 47. Diversion typically available.
Possession for Sale (§11351)
Same drug but with intent to sell — indicated by packaging, quantity, cash, scales. Straight felony, 2–4 years prison, not diversion-eligible.
Why This Law Matters
Even a misdemeanor drug conviction carries lasting consequences: it is a federally deportable offense for non-citizens under 8 USC §1227(a)(2)(B)(i), disqualifies applicants from many professional licenses, and can trigger loss of financial aid. Diversion — resulting in complete dismissal — is almost always the right defense objective in a §11350 case.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under HS §11350
To convict a defendant of simple possession under HS §11350, the prosecution must prove each element beyond a reasonable doubt.
You Unlawfully Possessed a Controlled Substance
The substance must be one listed under Schedules I–V. Possession can be actual (on your person) or constructive (in a place you controlled). The defendant does not need to own the drug — control is enough.
You Knew of Its Presence and Nature
The prosecution must prove the defendant knew the substance was present and knew it was a controlled substance. This is the most litigated element — mere presence near drugs is not enough.
The Amount Was Usable
The quantity must be enough to be used as a controlled substance — trace or residue amounts insufficient for use are not enough. This is a factual question resolved by expert testimony.
04 — Penalties
Penalties for HS §11350 Drug Possession (Simple) in California
Post-Prop 47, HS §11350 penalties are limited to the misdemeanor range for the vast majority of defendants — but collateral consequences remain serious.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Simple Possession (Prop 47) | HS §11350 | Up to 1 year county jail | Yes — informal probation to 3 years | No |
| Simple Possession — Disqualified Prior | HS §11350 | 16 months, 2, or 3 years | Discretionary | No |
| Possession With Intent to Sell | HS §11351 | 2, 3, or 4 years prison | Discretionary | No |
| Possession Near School / Playground | HS §11353.6 | +3 to 5 years consecutive | No | No |
Circumstances That Increase Exposure
Prior Serious/Violent Felony
PC §667(e)(2)(C)(iv)
A prior 'super-strike' conviction (murder, certain sex offenses, PC §290 registrants) disqualifies the defendant from Prop 47 treatment and returns §11350 to felony status.
Prior Sex Offense Requiring §290 Registration
PC §290
Defendants required to register as sex offenders face felony §11350 exposure — 16 months, 2, or 3 years in state prison.
Possession Near a School Zone
HS §11353.6
Enhancement when possession occurs on school grounds or nearby — adds up to 5 years.
Federal Prosecution
21 USC §844
The same conduct can be filed federally, especially near military bases or federal property. Federal simple possession carries up to 1 year in federal prison.
Multiple Substances
HS §11350 / §11377
Simultaneous possession of narcotics (§11350) and stimulants (§11377) can be charged as two separate counts.
Fentanyl-Involved
SB 887 / AB 2065
Fentanyl analog possession triggers additional legislative attention and, in some jurisdictions, elevated sentencing recommendations.
Collateral Consequences
- Deportation and inadmissibility under 8 USC §1227 — automatic for most drug convictions
- Loss of federal financial aid for college (Higher Education Act §484(r))
- Suspension of driver's license (VC §13202.5) if defendant is under 21
- Loss of professional licenses in nursing, teaching, medicine, real estate
- Public housing ineligibility for the household
- Loss of firearm rights for 10 years if any jail term is imposed
- Employment background checks that can disqualify applicants
Sentencing References
05 — Defense Strategies
How Rubin Law Defends HS §11350 Drug Possession (Simple) Charges
HS §11350 is one of the most defensible drug charges in California. Rubin Law, P.C. attacks the search, the knowledge element, and the chain of custody — and secures diversion when the client's goal is dismissal.
Illegal Search & Seizure (Suppression)
Drug evidence obtained through unlawful traffic stops, warrantless searches, pretextual arrests, or unlawful vehicle searches must be suppressed under PC §1538.5 and the Fourth Amendment. Suppression frequently results in outright dismissal.
PC §1538.5 / 4th Amendment
Lack of Knowledge
You cannot possess what you didn't know you had. Passenger, roommate, and borrowed-car cases often fail because the People cannot prove the defendant knew the drugs were present or knew their nature.
CALCRIM 2304
Lack of Possession (Actual or Constructive)
Mere proximity is not possession. If drugs were found in a shared space, on the ground near several people, or in a vehicle occupied by multiple people, the People must prove which defendant exercised control.
CALCRIM 2304
Valid Prescription
§11350 makes an exception for substances possessed pursuant to a valid physician's prescription. Legitimate use of prescription opioids, ADHD medication, or ketamine therapy is a complete defense.
HS §11350(a) exception
Not a Usable Quantity
Residue on a pipe or trace amounts insufficient for use are not enough. Expert testimony can undercut the People's usable-quantity showing.
People v. Rubacalba (1993)
Chain of Custody / Lab Analysis Challenges
The People must prove the substance is what they say it is — requiring a properly conducted lab analysis and unbroken chain of custody. We routinely subpoena lab records and cross-examine analysts.
Melendez-Diaz confrontation
PC §1000 Deferred Entry / Diversion
First-time simple possession defendants are eligible for pre-trial diversion under PC §1000 — completion of a drug education program results in complete dismissal and sealing of the arrest record.
Constitutional Sources
07 — Court Process
How HS §11350 Drug Possession (Simple) Cases Move Through Los Angeles Courts
Simple possession cases in LA County follow the misdemeanor timeline, with diversion available at multiple stages.
- 1
Step 1 — Arrest or Cite-Out
Most §11350 arrests result in a cite-out with a future court date, though custodial arrests occur when other charges are alleged.
- 2
Step 2 — Arraignment
Charges are read and plea entered. We appear on the defendant's behalf under PC §977 when possible and immediately begin diversion negotiations.
- 3
Step 3 — Discovery & Lab Analysis
We obtain the police report, body camera, and lab analysis. Because lab backlogs are common, cases are often continued while awaiting results — an opportunity to negotiate favorable resolutions.
- 4
Step 4 — PC §1000 Diversion Motion
For eligible defendants, we file a PC §1000 motion to enter deferred entry of judgment (DEJ). Successful completion of a drug program results in complete dismissal.
- 5
Step 5 — Motion to Suppress (PC §1538.5)
When the search was unlawful, we file to suppress the drug evidence. A granted motion frequently ends the case.
- 6
Step 6 — Plea, Dismissal, or Trial
The final resolution — often dismissal via diversion or suppression, occasionally a plea to a non-drug charge (like PC §415), or trial.
Los Angeles Courts That Handle HS §11350 Drug Possession (Simple) Cases
Simple possession cases are heard at LA County misdemeanor arraignment courts based on the arrest location.
Metropolitan Courthouse
Downtown LA misdemeanor courthouse — handles a substantial share of §11350 cases.
Van Nuys Courthouse East
San Fernando Valley misdemeanor drug cases.
Airport Courthouse
West LA / LAX arrests routed here.
Hollywood Courthouse
Hollywood, Los Feliz, and Silver Lake arrests.
Long Beach Courthouse
Long Beach and South Bay misdemeanor cases.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Drug Possession (Simple) Defense Attorney
Daniel S. Rubin has defended clients charged with drug possession (simple) and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under HS §11350 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Drug Possession (Simple) Cases Throughout LA County
09 — FAQs
HS §11350 Drug Possession (Simple) Questions — Los Angeles
Is drug possession a felony or misdemeanor in California?
Since Proposition 47 (2014), simple possession under HS §11350 is a misdemeanor for virtually all defendants. The exception is defendants with prior 'super-strike' convictions (murder, certain sex offenses, or crimes requiring PC §290 registration) — for them, §11350 remains a felony.
What is PC §1000 diversion?
PC §1000 is California's pre-trial diversion program for eligible drug offenses, including HS §11350 simple possession. The defendant enters a deferred entry of judgment — no plea is required — completes a drug education program (typically 6–18 months), and upon successful completion, the case is dismissed and the arrest is treated as never having occurred (PC §1000.4).
Will a §11350 conviction affect my immigration status?
Yes. Any drug conviction — even a misdemeanor — is a deportable and inadmissible offense under 8 USC §1227(a)(2)(B)(i) and §1182(a)(2)(A)(i)(II). The only exceptions are a single conviction for possession of 30 grams or less of marijuana. Non-citizens facing §11350 charges MUST work with counsel to structure the case around diversion or a non-drug plea.
Can I be charged with possession if the drugs were not on me?
Yes — under constructive possession. The People need only prove that you knowingly exercised control over the drugs or over the place where they were found. Drugs in a shared apartment, borrowed car, or hotel room can support a §11350 charge against multiple people if the People can tie each defendant to control.
What substances are covered by HS §11350?
HS §11350 covers most Schedule I–V controlled substances, including cocaine, heroin, oxycodone, hydrocodone, LSD, MDMA (ecstasy), ketamine, mescaline, peyote, and GHB. Methamphetamine and other stimulants are prosecuted under the parallel statute HS §11377. Marijuana possession is governed by HS §11357.
Can a valid prescription defeat a §11350 charge?
Yes. §11350 expressly excludes substances possessed pursuant to a valid written prescription from a California-licensed physician, dentist, podiatrist, or veterinarian. If you possessed the drug legitimately for personal medical use, the charge should be dismissed once we provide documentation.
Can I get a §11350 conviction expunged?
Yes. If you complete probation successfully, you can petition for expungement under PC §1203.4. Even better, if you enter PC §1000 diversion, the case is dismissed with no conviction and the arrest is treated as if it never occurred under PC §1000.4 — a substantially better result than expungement.
Will I lose my driver's license for a §11350 conviction?
Only if you were under 21 at the time of the offense. Under VC §13202.5, drug convictions for defendants under 21 trigger a mandatory one-year license suspension. Defendants over 21 do not face automatic license consequences for simple possession.
Available 24/7 — Free Consultation
Charged With Drug Possession in Los Angeles?
Diversion, suppression, and reduction all remain on the table under HS §11350. Call Rubin Law, P.C. for a free consultation.