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California Drug Possession Law

California Drug Possession Defense

What you're facing under Cal. Health & Safety Code § 11350(a), how the penalties scale, and the questions your attorney needs to answer, specific to California (CA) law.

Offense Class

Misdemeanor (post-Prop 47 for most substances)

Maximum Penalty

1 year

Maximum Fine

$1,000

Penalty Range in California

StatuteCal. Health & Safety Code § 11350(a) — Possession of a Controlled Substance
Minimum Penalty
Maximum Penalty1 year
Maximum Fine$1,000

Charge Enhancements

These factors can elevate the charge or penalty in California:

  • Prior sex offense or violent felony conviction (may be charged as felony)
  • Possession near a school (Cal. Health & Safety Code § 11353.5)

California-Specific Detail

Prop 47 (2014) reduced most simple possession from felony to misdemeanor. Eligible for drug diversion under Cal. Penal Code § 1000 or Prop 36. Covers Schedule I-IV substances including heroin, cocaine, and certain prescription drugs.

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Drug Possession Defense Playbook — $127

26 questions that change how the next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download, relevant to California defendants.

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Important: This page provides legal INFORMATION about California drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.