Health and Safety Code 11375(b)(2) HS

Possessing Benzodiazepines Without a Prescription in California

Being charged with possessing benzodiazepines without a prescription under California Health and Safety Code 11375(b)(2) is a serious legal matter. While benzodiazepines—often called “benzos”—have legitimate medical uses, California law strictly regulates who may legally possess them.

If you are found with benzodiazepines such as Xanax, Valium, Ativan, or Klonopin without a valid prescription, you could face criminal charges, fines, or jail time.

However, many defendants qualify for drug diversion programs that allow charges to be dismissed if treatment is completed successfully.

An arrest does not mean a conviction. A knowledgeable California criminal defense attorney can often challenge the evidence, negotiate diversion, or seek dismissal of the charges.

The Hedding Law Firm is here to help. Schedule your consultation at (866) 986-2092 or contact us here.

What Are Benzodiazepines?

Benzodiazepines are a class of central nervous system depressants commonly prescribed to treat:

Anxiety and panic disorders
Insomnia
Seizures and epilepsy
Muscle spasms
Alcohol withdrawal symptoms

Common benzodiazepines regulated under HS 11375 include:

Alprazolam (Xanax)
Diazepam (Valium)
Lorazepam (Ativan)
Clonazepam (Klonopin)
Temazepam (Restoril)
Chlordiazepoxide (Librium)

Because of their high potential for abuse and dependence, these medications are classified as controlled substances under California law.

What Does Health & Safety Code 11375(b)(2) Prohibit?

Health and Safety Code 11375(b)(2) makes it illegal to knowingly possess certain controlled substances—including benzodiazepines—without a valid prescription issued by a licensed medical professional.

Under the statute, possession is unlawful unless the medication was prescribed by a:

Physician
Dentist
Podiatrist
Veterinarian
licensed to practice in California.

This law applies to any material, compound, mixture, or preparation containing the listed substances.

Types of Benzodiazepine Offenses in California

Depending on the facts, benzodiazepine-related charges may include:

Simple possession – HS 11375(b)(2)
Possession for sale – HS 11375(b)(1)
Sale or distribution – HS 11375(b)(1)
Being under the influence – HS 11550
Driving under the influence of drugs (DUID) – Vehicle Code 23152(f)

This page focuses on simple possession without a prescription under HS 11375(b)(2).

What Counts as “Possession”?

For purposes of HS 11375(b)(2), possession can take several forms:

Actual Possession

You are carrying the medication on your person, such as in a pocket, purse, backpack, or clothing.

Constructive Possession

The drugs are located in a place you control, such as your car, home, or bedroom.

Joint Possession

Two or more people share control over the medication.

Prosecutors only need to prove that you had control or the right to control the benzodiazepines—not that you owned them.

What Must the Prosecutor Prove?

To convict you under HS 11375(b)(2), the prosecution must prove all of the following beyond a reasonable doubt:

You possessed a controlled substance
You knew of its presence
You knew it was a controlled substance
The substance was a benzodiazepine listed under the statute
The drug was in a usable amount
You did not have a valid prescription

If any element cannot be proven, the charge must fail.

Penalties for Benzodiazepine Possession Without a Prescription

Simple possession under HS 11375(b)(2) is considered a “wobblette”, meaning it can be charged as either an infraction or a misdemeanor.

Infraction

Fine of up to $250
No jail time
No criminal record

Misdemeanor

Up to 6 months in county jail
Fine of up to $1,000
Probation and possible drug counseling

The charging decision often depends on factors such as:

Quantity of the medication
Prior criminal history
Evidence suggesting sale or misuse

Drug Diversion and Treatment Alternatives

Many defendants charged under HS 11375(b)(2) are eligible to avoid jail and a conviction through drug diversion programs, including:

Penal Code 1000 (Deferred Entry of Judgment)

Complete a drug education or treatment program, and the case is dismissed.

Proposition 36

Non-violent drug offenders may receive treatment instead of incarceration.

California Drug Court

Court-supervised rehabilitation with regular progress reviews.

Successful completion typically results in dismissal of charges and no conviction.

When Charges Can Be Increased

If police believe the benzodiazepines were possessed for sale, or if there is evidence of distribution, charges may be elevated under HS 11375(b)(1).

Possession for sale or sales offenses can be charged as misdemeanors or felonies, carrying:

Up to 3 years in state prison
Larger fines
Formal probation or parole

Common Defenses to HS 11375(b)(2) Charges

An experienced defense attorney may assert defenses such as:

Valid prescription – Charges must be dismissed if you had a lawful prescription
Lack of knowledge – You did not know the drugs were present or controlled
Illegal search and seizure – Evidence suppressed due to Fourth Amendment violations
Entrapment – Law enforcement-induced conduct you would not otherwise commit
No usable amount – Trace residue alone is insufficient

Each case requires a careful review of police conduct, evidence handling, and procedural compliance.

Why Early Legal Representation Matters

Benzodiazepine cases are often overcharged, and many defendants qualify for diversion—but only if the issue is addressed early.

A skilled criminal defense lawyer can:

Prevent felony filing
Negotiate diversion instead of jail
Suppress illegally obtained evidence
Reduce or dismiss charges
Protect your criminal record and future

Speak With a California Benzodiazepine Defense Lawyer

If you are facing charges for possessing benzodiazepines without a prescription under Health and Safety Code 11375(b)(2), do not wait to get legal help.

Early intervention can mean the difference between a dismissed case and a permanent criminal record.

Contact an experienced California criminal defense attorney today at the Hedding Law Firm to review your case, explore diversion options, and protect your rights.

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