Health and Safety Code 11377 HS: Possession of Methamphetamine and Other Drugs

Health and Safety Code 11377 makes it a crime to possess methamphetamine and many other controlled substances 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 since Proposition 36, someone with two or more prior drug possession or sales convictions can be charged with a felony instead.

What HS 11377 means

HS 11377 covers possession for your own use of methamphetamine and a long list of other controlled substances: PCP, most hallucinogens such as LSD and psilocybin, and prescription drugs that are not narcotics, unless they were prescribed to you by a licensed California doctor, dentist, podiatrist or veterinarian. Heroin, cocaine, fentanyl and prescription opioids are charged under a different section (HS 11350).

Possession means knowingly having a drug, or control over it. Drugs don't have to be on you: drugs in your car or bedroom can count if you knew they were there and had the right to control them, and more than one person can possess the same drugs. Holding someone else's prescription with their permission, only to bring it to them or to throw it away lawfully, is not a crime (HS 11377(c)).

To convict you, the prosecutor must prove (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 in a usable amount, not just traces or residue

HS 11377 penalties

• Misdemeanor: up to 364 days in county jail, and the judge may add a fine of up to $70 (HS 11377(a), (b))
• 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 11377(a), PC 1170(h))
• With a loaded, operable gun: possessing meth 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 methamphetamine and PCP but not LSD or psilocybin, 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 11377 cases can end without a conviction. Pretrial diversion under PC 1000 is available for most simple possession 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 lasts 12 to 18 months, 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 11377

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

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 11378 possession for sale
• HS 11379 transportation and sales
• HS 11364 paraphernalia
• HS 11550 under the influence
• HS 11350 possession of heroin, cocaine or fentanyl
• Drug Crimes (practice page)

HS 11377 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 11377 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.