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Drug Possession: Health and Safety Code 11350

HS 11350 covers possession of many controlled substances, including drugs formerly classified as narcotics, without a valid prescription.

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What the prosecution has to prove

  • You possessed a controlled substance covered by HS 11350, either on you or under your control.
  • You knew it was there, and you knew what it was.
  • The amount was usable.

Penalties

  • Generally up to one year in county jail.
  • People with certain prior convictions, such as serious or violent felonies or offenses requiring sex-offender registration, can face a felony jail term under PC 1170(h).
  • Proposition 36 (2024) changed the law for some people with prior drug convictions. Ask me how it applies to you.

Diversion and other options

Pretrial diversion under Penal Code 1000 may be available for some possession charges. If it is completed, the charge can be dismissed.

Common defenses

  • Illegal stop or search, which can lead to suppression of the evidence.
  • The drugs belonged to someone else, or you did not know they were there.
  • You had a valid prescription.
  • Lab testing or chain-of-custody problems.

Talk to me before your first court date

Every case turns on its own facts. In a free, confidential consultation I’ll read your paperwork, explain the charge and the realistic options, and tell you what I would do next. I handle every case personally, for a flat fee.

sources

  • Drug crimes→
  • All charges→

General information, not legal advice. Every case is different, and past results do not guarantee a future outcome.

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Criminal defense in Los Angeles County, Orange County, and Riverside County. Direct representation from Raja Rafay Shahid. Legal Lion was founded in 2020.

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