Health and Safety Code 11350 is California's primary statute for simple possession of controlled substances. If you were arrested for drug possession in West Covina or anywhere else in Los Angeles County, there's a strong chance your charges fall under this section, which is why connecting with a reputable criminal defense lawyer in West Covina early on can shape the outcome of your case. Knowing what the law actually covers, what the prosecution has to prove, and what your options realistically look like forms the foundation of a strong defense.
What Health and Safety Code 11350 Covers
Health and Safety Code 11350 makes it a crime to possess certain controlled substances without a valid prescription. The substances covered include cocaine, heroin, codeine, oxycodone, peyote, and many other scheduled narcotics and opiates listed under California law and the federal Controlled Substances Act.
The statute applies to possession, not just use. Law enforcement must establish that the defendant had actual or constructive control of the substance. Actual possession means the drugs were on the defendant's person. Constructive possession means the drugs were somewhere within their control, such as in a vehicle or a home, and the defendant knew they were there.
What the Prosecution Must Prove Under HS 11350
To secure a conviction under Health and Safety Code 11350, the prosecution must prove each of the following elements beyond a reasonable doubt: that the defendant possessed a controlled substance, that the defendant knew of its presence, that the defendant knew the substance was a controlled substance, and that the amount was in a usable quantity.
Each element is a point of potential challenge. If the prosecution cannot establish that the defendant knew the substance was present, or knew what it actually was, the charge fails. If the amount found was so small as to be unusable, the charge may not hold. These are not technicalities. They are the legal standards the prosecution is required to meet, and we hold them to those standards.
Penalties for Violating Health and Safety Code 11350
After California voters passed Proposition 47 in 2014, a violation of Health and Safety Code 11350 is a misdemeanor for most eligible defendants. The maximum penalty is one year in county jail, along with fines and possible probation.
However, Proposition 47 eligibility is not automatic. Defendants with prior convictions for certain serious or violent felonies, certain sex offenses requiring registration, or other specific offenses listed in Proposition 47 may still face felony charges under Health and Safety Code 11350. If you have a prior record, your eligibility for misdemeanor treatment needs to be evaluated based on the specific facts of your situation. Getting that assessment wrong can have serious consequences.
How Proposition 47 Changed HS 11350 Cases
Proposition 47 was one of the most significant shifts in how California handles drug possession in decades. Before 2014, simple possession of most controlled substances was a wobbler or a straight felony depending on the substance. After Proposition 47 passed, the default for most defendants became a misdemeanor.
The practical effect is that many people who previously faced felony exposure now face misdemeanor charges that may also be eligible for diversion. But Proposition 47 did not eliminate prosecutorial discretion, and it did not remove all paths to a felony charge. The specific substance, the defendant's criminal history, and the circumstances of the arrest all still matter and still require careful legal analysis.
Drug Diversion and Alternatives to Conviction Under HS 11350
California law offers alternatives to a criminal conviction for some defendants charged under Health and Safety Code 11350. Diversion under Penal Code 1000 allows eligible defendants to complete a drug education or treatment program instead of going through the full criminal process. If the program is completed successfully, the charges are dismissed.
Mental health diversion under Penal Code 1001.36 provides a similar path for defendants with a qualifying mental health condition. If successfully completed, the charges are dismissed and the arrest may be sealed. Eligibility for either program depends on the specific charge, the defendant's history, and the facts of the case. We evaluate whether diversion is a realistic option during the initial consultation, before any decisions about how to proceed are made.
Defenses Against a Health and Safety Code 11350 Charge
Several defense strategies apply directly to HS 11350 charges. The most common starting point is a challenge to the search that produced the evidence. If law enforcement found the drugs through an unlawful stop or search, a motion to suppress can exclude that evidence from the case. Without the drugs as evidence, the charge cannot stand.
Beyond suppression, we look at whether the prosecution can actually prove each element of the charge. Did the defendant know the substance was present? Did they know what it was? Is the quantity large enough to constitute a usable amount? Was the substance confirmed by proper lab testing and a complete chain of custody? Each question is a potential avenue, and we pursue every one that applies to the specific facts of the case.
How We Defend HS 11350 Cases in West Covina and Los Angeles County
When a client comes to us facing a Health and Safety Code 11350 charge in West Covina or Los Angeles County, we start at the beginning: the arrest itself. We examine what law enforcement did, what they say gave them the right to stop and search, and whether the evidence that followed holds up under legal scrutiny.
Our work on drug possession cases covers everything from the initial challenge to the search through diversion eligibility, plea negotiations, and trial if the case goes that far. Tammy Higgins has spent nearly 18 years in criminal defense, with 16 of those years as a Public Defender across Orange County, Los Angeles County, and San Bernardino County. She has taken over 100 criminal cases to jury verdict and has handled Health and Safety Code 11350 charges at every level, from first-time misdemeanors to cases involving prior strikes and serious felony exposure.
Related Topics:
