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11350 A H&s

California’s Drug Possession Laws: An Overview of Health & Safety Code 11350

California’s Health and Safety Code 11350 makes it illegal to possess controlled substances without a valid prescription. This code section covers a wide range of drugs, from cocaine and heroin to pharmaceuticals like Vicodin or Adderall. A conviction can lead to years behind bars, so it’s important to understand 11350 and how to fight charges.

What is HS 11350?

Section 11350 HS criminalizes the possession of regulated narcotics. To be convicted, prosecutors must establish you knowingly exercised control over or right to the drug. Actual ownership is not required.The law encompasses many substances, including:

• Cocaine
• Heroin
• Methamphetamine
• LSD
• PCP
• Ecstasy
• Vicodin
• Oxycontin
• Adderall

Simply having one of these drugs on your person, in your car, or at your home is enough. There is no minimum quantity. As little as a tiny trace residue will suffice.

Penalties for Violating Health & Safety Code 11350

A first offense conviction for violating California HS 11350 carries:

• Up to 1 year in county jail
• Up to $1,000 in fines

But if you have a prior drug offense on your record, the stakes escalate to:

• 2, 3, or 4 years in state prison
• Up to $10,000 in fines

The penal code also imposes mandatory probation terms and potential driver’s license suspensions.So how do you fight these harsh punishments?The best defense is attacking the prosecution’s evidence…or lack thereof.

4 Common Defenses Against California HS 11350 Charges

1. You didn’t knowingly possess the drug2. The substance isn’t actually illegalProsecutors must prove the recovered material meets schedules I-V controlled substances per California Health & Safety Code 11054-11058.If testing fails to confirm the substance or identity remains inconclusive, reasonable doubt exists. Other deficiencies like broken chain of custody, contaminated samples, or faulty testing procedures can also undermine the prosecution.3. You had a valid prescriptionSimply having a prescription for the drug is not enough. You must also establish:

• The prescription is current and was issued by a licensed practitioner
• The drug was obtained as directed
• Possession does align with prescription instructions

Minor discrepancies shouldn’t automatically nullify the defense but could weaken its credibility.4. You possessed the drug “for personal use”In some circumstances, you may argue for diversion into a drug treatment program instead of criminal prosecution.To qualify, strict eligibility rules apply, including:

• No prior drug offenses
• No probation or parole violations
• Limited criminal record
• The drug is deemed for personal use

Meeting these prerequisites is challenging. And even then, the judge has discretion whether to approve diversion.

Other Defenses to Challenge HS 11350 Charges

Beyond those common lines of attack, other arguments may apply:

• You lacked knowing “dominion and control” – If drugs were left at your house unknowingly or you borrowed a friend’s jacket not realizing substances were inside, you may not have consciously possessed them.
• Illegal detention – If police lacked reasonable suspicion for a detention or probable cause for an arrest, evidence obtained could be excluded.
• Illegal search – Similarly, if the search violating 4th Amendment protections, the seized contraband may be suppressed.
• Misidentified substance – Laboratory testing deficiencies could fail to conclusively identify the recovered material.
• Medical marijuana – If you possessed cannabis for medical needs per the Compassionate Use Act, HS 11350 may not apply.
• False positives – Field testing kits are notoriously unreliable. You could be wrongly accused.

An experienced criminal lawyer can advise you on the optimal defense strategy for your unique circumstances.

HS 11350 Diversion into Drug Treatment

As noted briefly above, first-time, non-violent defendants may complete drug education and counseling instead of incarceration.Participants must waive time limits for prosecution and agree to reasonable search and seizure during the program. If all requirements are met, charges get dismissed and arrest records destroyed.However, these diversion deals are entirely discretionary. Neither judges nor prosecutors are obligated to offer them. And statutory constraints make candidates rare indeed.

Potential Immigration Consequences

Any drug conviction under HS 11350 renders foreign nationals deportable.Lawful permanent residents charged with possession face lifetime banishment if convicted. Undocumented immigrants get placed into expedited removal proceedings without court hearings.Non-citizens should consult an experienced immigration attorney before pleading to any drug offense.

Related California Drug Laws

HS 11350 is not the only statute controlling narcotics. Prosecutors may allege overlapping charges too, such as:

• HS 11351 – Drug possession for sale
• HS 11352 – Drug transportation, sales
• HS 11377 – Illegal possession of certain controlled substances
• HS 11378 – Possession of substances for manufacturing
• HS 11379 – Transportation, manufacturing, sale

Facing multiple charges amplifies penalties and makes building a defense vastly more complicated.

Finding the Right Lawyer for Your HS 11350 Case

Given the extreme punishments in play, securing experienced legal counsel is paramount when facing Health & Safety Code 11350 possession charges. Always invoke your 5th Amendment right to remain silent until your attorney is present.From motions to suppress evidence to asserting affirmative defenses to negotiating plea bargains, an accomplished California drug crimes lawyer intimately knows how to craft an optimal strategy for your unique circumstances.Don’t leave your fate to chance. Schedule a free case evaluation to discuss the best ways to fight your charges.