Health and Safety Code 11350 HS: Possession of a Controlled Substance

Health and Safety Code 11350 makes it a crime to possess heroin, cocaine, fentanyl, oxycodone and many other narcotic drugs without a valid prescription. For most people it is a misdemeanor with up to 364 days in county jail, and diversion can end the case in a dismissal, but two or more prior drug convictions can make a hard drug charge a treatment-mandated felony under Proposition 36 (HS 11395).

What HS 11350 means

HS 11350 covers possession of heroin and other opiates, cocaine and cocaine base, fentanyl, and narcotic prescription drugs such as oxycodone and morphine, unless you have a written prescription from a California physician, dentist, podiatrist or veterinarian (HS 11350(a)). Methamphetamine and many other non-narcotic drugs are covered by HS 11377 instead.

Possession can be actual, on your person, or constructive, in a place you control, such as your car, bag or room, and two or more people can possess the same drugs. The amount must be usable, not just residue or traces. It is not a crime to hold someone else's prescription medication at their direction, if your only purpose is to deliver it to them or dispose of it lawfully (HS 11350(d)).

To convict you, the prosecutor must prove each of these beyond a reasonable doubt (CALCRIM 2304):

1. You possessed a controlled substance
2. You knew it was there
3. You knew it was a controlled substance
4. It was the drug charged, such as heroin, cocaine or fentanyl
5. It was a usable amount, not just traces or residue

HS 11350 penalties

• Misdemeanor: up to 364 days in county jail, and the judge may add a fine of up to $70 (HS 11350(a), (b), PC 18.5)
• Felony: 16 months, two or three years, only if you have a prior conviction for a very serious crime such as murder, or for an offense that requires sex offender registration (HS 11350(a), PC 1170(h))
• With a loaded, operable gun: possessing cocaine, heroin or certain other drugs while armed is a separate felony with two, three or four years in state prison (HS 11370.1)

Since Proposition 36 took effect in December 2024, possessing a hard drug, which includes fentanyl, heroin and cocaine, can be charged as a treatment-mandated felony if you have two or more prior convictions for drug possession or sales, however old they are (HS 11395). You can choose treatment by pleading guilty or no contest and admitting the priors, and if you finish, the charge is dismissed. If you refuse or fail treatment, you can be sentenced to up to three years, usually in county jail. Prosecutors can also file it as a misdemeanor.

Diversion and treatment

Many HS 11350 cases can end without a conviction. Pretrial diversion under PC 1000 is available for most simple possession and paraphernalia cases if the case involved no violence and, in the past five years, you have no felony conviction and no drug conviction other than these same minor offenses. It requires a plea of not guilty rather than guilty, and when you finish, the charges are dismissed and the arrest is treated as if it never happened for most purposes (PC 1000, 1000.3, 1000.4).

Mental health diversion (PC 1001.36) can cover more serious cases when a diagnosed condition, which may include a substance use disorder, played a part. Drug court is another option in some counties.

Immigration consequences

For non-citizens, this is often the most serious consequence. Under federal law, almost any drug conviction, even simple possession, can lead to deportation or block a green card or citizenship. Programs that require a guilty plea, including Proposition 36 treatment, may still count as a conviction for immigration purposes even if the case is later dismissed. PC 1000 diversion does not require a guilty plea. Talk to us before entering any plea.

Common defenses to HS 11350

It depends on the evidence. Common defenses include:

• The stop or search was illegal, so the drugs can be thrown out (PC 1538.5)
• You didn't know the drugs were there, or you had no control over them, for example in a shared car or home
• You didn't know the substance was a drug
• The amount was not usable, such as residue in a pipe
• The lab results don't prove the substance was a controlled substance
• You had a valid prescription, or were holding someone's medication for them

We review the police report, body camera video, any search warrant, lab results and phone records to find the weaknesses in the case.

Related charges

• HS 11377 possession of methamphetamine
• HS 11364 paraphernalia
• HS 11351 possession for sale
• HS 11352 transportation and sales
• HS 11550 under the influence
• Drug Crimes (practice page)

HS 11350 cases in Riverside and San Bernardino counties

Riverside County files more Proposition 36 drug cases than most of California: in 2025 it had 1,769 treatment-mandated felony filings, the third-highest in the state, according to the Judicial Council. San Bernardino County had 289. That makes avoiding a conviction now, through diversion, dismissal or a different charge, especially important here.

The Riverside County Superior Court holds adult drug court calendars at the Riverside Hall of Justice and the Larson Justice Center in Indio, and Riverside University Health System's substance use CARES Line, (800) 499-3008, connects callers to county treatment services, which are aimed mainly at people with Medi-Cal. In San Bernardino County, cases from Rancho Cucamonga, Ontario, Upland, Chino, Chino Hills, Montclair, Fontana and Rialto are heard at the West Valley courthouse in Rancho Cucamonga; cases from San Bernardino, Colton, Highland, Redlands, Loma Linda and Yucaipa at the San Bernardino Justice Center; and cases from Victorville, Hesperia and Apple Valley at the Victorville courthouse. Our office is in Riverside, and Yvonne Todd began her career as a Public Defender in San Bernardino.

Read the official text of HS 11350 on the California Legislative Information site.

This page is general information about California law, not legal advice about your case. Reading it does not create an attorney-client relationship.