HEALTH AND SAFETY CODE 11350 – “POSSESSION OF A CONTROLLED SUBSTANCE”Health and Safety Code 11350 (HS 11350) after the implementation of Proposition 47 is now a misdemeanor. The code makes it illegal to possess narcotics such as heroic, ecstasy, cocaine, ketamine, GHB, crack, and even prescription drugs such as Vicodin or Codeine that are not prescribed.If convicted a person faces up to three years in California state prison and a felony on their permanent record. Depending on your prior record, we may be able to secure a drug diversion (under Penal Code 1000) or Proposition 36 resolution, which if completed successfully will keep these charges off your permanent record.
HEALTH AND SAFETY CODE 11351Health and Safety Code 11351 (HS 11351) makes it a felony to possess illegal drugs for the purposes of sale. This crime is more serious that HS 11350 and thus not subject to PC 1000 diversion or Prop 36.In deciding whether to charge a person with HC 11351, the District Attorney’s Office will generally look at:
- a. The amount of drugs seized,
- b. Any packaging equipment (baggies, bindles, or scales),
- c. Large sums of cash on hand indicative of recent drug sales, or
- d. Any cell phones with messages indicating drugs for sale.