California Health and Safety Code 11350 – Possession of Drugs
California Health and Safety Code 11350 governs the offense of simple possession of controlled substances. Over the last decade, sweeping reforms have dramatically changed how these cases are prosecuted—particularly in Los Angeles and throughout the state.
Where drug possession once led to mandatory felony convictions and long prison sentences, California law now emphasizes treatment, diversion, and rehabilitation for nonviolent drug offenders.
The criminal defense attorneys at the Hedding Law Firm in Los Angeles are here to help. Schedule your initial consultation at (866) 986-2092 or contact us here.
What Is HS 11350?
California Health and Safety Code 11350 makes it illegal to possess certain controlled substances without a valid prescription.
This statute commonly applies to substances such as:
Importantly, HS 11350 applies only to simple possession—not possession for sale, transportation, or manufacturing.
How California Drug Laws Have Changed
During the height of the “War on Drugs” in the 1980s and 1990s, even small amounts of narcotics often resulted in felony convictions and state prison sentences.
Today, California voters and lawmakers have made clear they want to:
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Reduce prison overcrowding
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Reserve incarceration for violent offenders
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Treat addiction as a public health issue rather than purely a crime
As a result, most HS 11350 violations are now misdemeanors rather than felonies.
Is Drug Possession Still a Crime in California?
Yes, but it is treated very differently than in the past.
While law enforcement still enforces drug laws, individuals charged with simple possession are now often eligible for:
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Drug diversion programs
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Treatment instead of jail
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Dismissal of charges upon successful completion
These reforms give many defendants a second chance to avoid a criminal record.
Elements the Prosecutor Must Prove
To convict someone under HS 11350, the prosecution must prove beyond a reasonable doubt that:
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You possessed a controlled substance
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You knew of its presence
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You knew the substance was a controlled drug
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The amount was usable (not mere residue)
If the prosecution fails to prove any element, the charge may be dismissed.
Penalties for HS 11350 Possession
Misdemeanor Possession
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Up to 1 year in county jail
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Fines
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Probation
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Drug education or treatment
Drug Diversion (Most Common Outcome)
Many defendants qualify for pretrial diversion, meaning:
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No jail time
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Entry into a treatment program
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Charges dismissed upon completion
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No conviction on your record
Drug Diversion Programs in California
California law allows diversion for many drug possession cases, provided:
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The offense is nonviolent
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You do not have disqualifying prior convictions
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You agree to participate in treatment
Successful completion can result in dismissal and sealing of the case, protecting your future.
Defenses to Drug Possession Charges
Drug possession cases often turn on constitutional issues, particularly illegal searches.
Common Defenses Include:
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Illegal search or seizure (Fourth Amendment violations)
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Lack of knowledge or possession
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Insufficient evidence
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Improper police procedures
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Lab testing or chain-of-custody issues
A successful Penal Code 1538.5 motion to suppress evidence can result in dismissal.
Why Early Legal Representation Matters
Even with reform, drug possession charges can still affect your life, including:
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Employment background checks
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Professional licenses
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Immigration status
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Probation violations
An experienced defense attorney can often:
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Secure diversion immediately
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Prevent jail time
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Protect your criminal record
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Resolve the case quickly and discreetly
Charged With Drug Possession in Los Angeles?
If you or a loved one has been charged under Health and Safety Code 11350, you do not have to face the system alone.
Contact the Hedding Law Firm for a confidential consultation. We have decades of experience defending drug possession cases throughout Los Angeles County and know how to navigate diversion, dismissal, and reduction strategies.
📞 Call 866-986-2092 today
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