Possession of a Controlled Substance – California Health and Safety Code 11350 HS

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Strong Legal Representation for HSC 11350 Charges in California.

If you have been charged with possession of a controlled substance in Los Angeles you are facing a charge that can be filed as a misdemeanor or a felony depending on your prior criminal history and the specific substance involved. Following Proposition 47 most first and second-time offenders charged under 11350(a) hs face misdemeanor treatment but the charge still carries jail time, a permanent criminal record, and consequences that extend well beyond the sentence itself. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against drug possession charges throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free confidential consultation.

Possession of a Controlled Substance Under California Law

Health and Safety Code 11350 covers possession of cocaine, crack cocaine, heroin, opiates, hallucinogens, and prescription drugs possessed without a valid prescription. The statute is one of the most broadly applied drug possession laws in California because it covers such a wide range of substances under a single charge. Possession of a controlled substance california under this statute requires proof that the defendant knowingly possessed a usable quantity of a substance listed under the statute and that the defendant knew the substance was a controlled drug.

The statute covers both actual and constructive possession. Actual possession means the drug was on the defendant’s person or in their immediate control. Constructive possession means the drug was in a location the defendant controlled such as their vehicle or home even if it was not on their person at the time of the arrest. Both forms of possession satisfy the statute and both present different defense opportunities depending on the circumstances of the discovery.

Is 11350(a) HS a Felony or Misdemeanor in California?

Under Proposition 47 possession of a controlled substance under 11350(a) hs is a misdemeanor for most defendants with no prior convictions for serious or violent felonies. A misdemeanor conviction carries up to one year in county jail and fines up to $1,000. The charge becomes a felony when the defendant has prior convictions that disqualify them from Proposition 47 misdemeanor treatment including prior convictions for murder, rape, certain sex offenses requiring registration, or certain other serious felonies listed in the statute.

The charge is also elevated when the prosecution believes the substance was possessed for sale rather than personal use. Possession for sale under HSC 11351 is a felony carrying 2, 3, or 4 years in state prison with no misdemeanor option and no diversion eligibility. The distinction between simple possession under HSC 11350 and possession for sale under HSC 11351 is the most contested issue in most controlled substance cases and our criminal defense attorney challenges the possession for sale theory in every case where the evidence does not clearly support it.

What the Prosecution Must Prove

To secure a conviction under health and safety code 11350 the prosecution must establish beyond a reasonable doubt:

  • The defendant possessed a controlled substance
  • The defendant knew the substance was present
  • The defendant knew the substance was a controlled drug
  • The substance was in a usable quantity
  • The defendant did not have a valid prescription for the substance

The knowledge elements are frequently contested. When the defendant was unaware the substance was in their possession or did not know the item was a controlled drug the charge cannot be sustained. When the quantity was so small it did not constitute a usable amount the charge fails on that element. Our criminal defense attorney examines every element from the first consultation because a weakness in any single element defeats the prosecution’s entire case.

Diversion Programs for HSC 11350 Charges

For defendants charged with simple possession under 11350(a) hs diversion is one of the most important options to pursue immediately. Penal Code 1000 pretrial diversion allows eligible defendants to complete a drug education or treatment program and have the charge dismissed entirely upon successful completion with no conviction on their record. Proposition 36 allows first and second-time nonviolent drug possession offenders to receive treatment instead of incarceration. Both programs require the defendant to have no prior drug sales convictions and to be charged with possession rather than possession for sale.

A successful diversion completion under either program means no conviction, no permanent record from the charge, and no long-term consequences for employment, licensing, or immigration status. Our criminal defense attorney evaluates diversion eligibility from the first consultation and pursues the most appropriate program in every qualifying case because the window to access these programs closes once a guilty plea is entered.

Legal Defenses Against HSC 11350 Charges

Unlawful Search and Seizure

Most controlled substance possession arrests begin with a traffic stop or a search of a vehicle or home. When the stop lacked reasonable suspicion or the search lacked probable cause the controlled substance can be suppressed through a Fourth Amendment motion. Without the physical evidence the prosecution cannot establish possession and the charge must be dismissed. Our criminal defense attorney analyzes the legality of every stop and search from the first consultation because suppression is the most direct and most frequently successful path to dismissal in possession cases.

No Knowing Possession

When the controlled substance was found in a shared vehicle or shared residence and the defendant genuinely did not know it was there the knowledge element cannot be established. This defense is strongest when multiple people had equal access to the location and nothing directly connects the substance to the defendant. Our criminal defense attorney challenges constructive possession in every case where the circumstances support an argument that the defendant lacked knowledge of the drug’s presence.

The Substance Does Not Meet the Statutory Definition

Not every substance that appears to be a controlled drug is legally classified as one under HSC 11350. When the substance does not meet the statutory definition or when the laboratory testing methodology used to identify it was flawed the charge cannot be sustained. Our criminal defense attorney works with independent forensic experts to challenge the identification of the substance when the prosecution’s laboratory evidence is vulnerable.

Valid Prescription

When the defendant had a valid prescription for the substance at the time of the arrest the possession was lawful and the charge fails on its face. Our criminal defense attorney presents prescription documentation immediately in every case where a valid prescription existed and challenges any prosecution theory that the prescription did not cover the specific substance or quantity found.

Contact a Los Angeles Defense Attorney for HSC 11350 Charges Today

Attorney Arash Hashemi has defended clients against controlled substance possession charges throughout Los Angeles County for over 20 years. He understands how the District Attorney’s office at each filing location approaches HSC 11350 cases, which diversion programs are available at each court, and where the defense has the most leverage from the filing decision through trial. You work directly with Attorney Hashemi at every stage from the first consultation through resolution. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing controlled substance possession charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.