Understanding HS 11350 Possession of a Controlled Substance: Key Facts
Key Facts on Possession of a Controlled Substance – HS 11350
Facing a charge under California’s Health and Safety Code (HS) 11350 can feel like everything you’ve worked for in life is suddenly hanging by a thread. The fear, the uncertainty, the dread of what’s next—it’s too much, isn’t it?
At Gressley & Donaldson, we get it. As Riverside County and Inland Empire criminal defense lawyers, we’ve seen the toll these charges take on good people. Whether it’s a misunderstanding, a tough moment in life, or just being in the wrong place at the wrong time, we’re here to fight for you with compassion, tenacity, and a laser focus on getting results.
We aren’t just attorneys handling possession of controlled substances in California cases—we are people who genuinely care about what happens to you.
Ready to discuss your charge and ways to avoid a conviction or minimize consequences? Call us at (951) 319-3199 today. It’s free and confidential.
Definition and Elements of HS 11350
Okay, it’s time we talk about what you’re actually up against. Health and Safety Code 11350 makes it illegal to possess certain controlled substances without a prescription. But what does that really mean for you?
When the prosecutor stands up in court on your case, they have to prove several things beyond a reasonable doubt:
- That you possessed usable amounts of the substance;
- That you knew it was there;
- That you knew it was a controlled drug;
- That you didn’t have a valid prescription for it; and
- That there was enough of it to actually use (even if it was just a small amount).
But think about what possession really means here. The law looks at it in a few different ways:
- If the substance was literally on you—maybe in your pocket or purse—that’s “actual possession“
- If it was somewhere you had control over, like your car or home, even if it wasn’t physically on you—that’s “constructive possession“
- If you and someone else both had access to it—that’s “joint possession“
Now, what substances are we talking about? HS 11350 covers quite a range:
- Cocaine in any form
- Heroin
- Prescription painkillers like oxycodone, hydrocodone, and codeine (when you don’t have a prescription)
- Hallucinogens like LSD, peyote, and mescaline
- GHB
- Ketamine
A lot of people don’t realize that having someone else’s prescription medication can get you into just as much trouble as having street drugs. It’s a harsh reality that catches many good, law-abiding people off guard. If this has happened to you, having a California possession of controlled substances defense lawyer in your corner makes all the difference when facing these charges.
Defenses to a Charge of Possession of a Controlled Substance
Right now, it might feel like the system is stacked against you, but hear this—there’s hope. There are many ways to defend against these charges, and we fight for our clients using every legal strategy available. Here are some of them:
1. Illegal Search and Seizure
Did you know the Constitution (specifically the Fourth Amendment) protects you from unreasonable searches and/or seizures? If the police pulled you over, searched you, your car, or your home without a proper warrant or a valid exception, we can fight to have that evidence thrown out. We’ve seen cases completely fall apart once we successfully challenged the search. So, yes, that’s very much possible for your case as well.
2. Lack of Knowledge
As mentioned earlier, the prosecution has to prove you knew about the drugs. If you genuinely didn’t know—maybe someone else left them in your car, or placed them in your bag without telling you—that’s a defense we can use. And this makes total sense—your life shouldn’t be derailed because of something you weren’t even aware of.
3. Momentary Possession
Sometimes people briefly hold something just to get rid of it or for another legitimate reason. If that’s what happened in your case, we may be able to use that to defend you. For example, let’s imagine a situation where a stranger hands you a bag on the street and walks away.
4. Valid Prescription
If the medication was actually prescribed to you, that’s your protection against these charges. We’ll help you gather the documentation to prove it.
5. Insufficient Evidence
The burden of proof is on the prosecution, not on you. For this defense to work, we can challenge whether you actually had possession, no usable amounts, the substance was what they claim it was, and the evidence was properly handled from the moment it was collected.
6. Police Misconduct
It’s an unfortunate reality, but sometimes officers don’t follow the rules. If there was misconduct like planting evidence, falsifying reports, or forcing a confession, we’ll bring it to light and fight for justice.
At Gressley & Donaldson, we look at your case from every possible angle. Our hearts are in this fight with you. With years of experience as a possession of controlled substances lawyer in California, we know which defenses work best and how to challenge the prosecution effectively. Your story matters to us, and we’re committed to telling it in the most compelling way possible.
Penalties and Sentencing
Now, we’re getting to the most unpleasant part. Let’s talk about what’s at stake for a California possession of a controlled substance conviction—it’s tough to hear, but we’re here to face it with you.
We have both good news and bad news for you. The good news is that there was a significant change in California law back in 2014 with Proposition 47. Now, simple possession is usually charged as a misdemeanor rather than a felony. The bad news? A misdemeanor conviction in California means you could face up to 12 months in county jail, a maximum fine of $1,000, informal (summary) probation, and participation in drug education or treatment programs.
In some situations (you have prior convictions, the controlled substance classified as a certain type, or you possess a certain quantity of a narcotic drug), possession can still be charged as a felony. Those penalties are more severe and include up to three years in jail, up to $10,000 in fines, and formal probation, among others.
But here’s the good news (again): there’s wiggle room. California’s all about giving people a chance to turn things around, so you might qualify for something like drug diversion instead of jail:
- Pretrial Diversion (PC 1000): Instead of going through a trial, you might be able to participate in drug treatment under Penal Code 1000. Complete the program successfully (it’s usually 12-18 months), and those charges against you will be dismissed.
- Drug Court: This is an intensive program that focuses on treatment rather than punishment. It’s challenging but transformative for many people.
- Proposition 36: This program also offers probation and treatment instead of jail time for qualifying individuals.
These programs aren’t just about avoiding jail—they’re about giving you the support you need to make positive changes in your life. At Gressley & Donaldson, we’ve seen clients turn their lives around completely through these programs. Not everyone qualifies for these programs, so you might need a consultation from a possession of controlled substances lawyer who’ll help determine if one of these paths might be right for you.
Immigration Consequences
If you’re not a U.S. citizen, this part might hit you hard—and we feel for you. A conviction under HS 11350 can mess with your immigration status in ways that feel unfair and scary. The feds see drug offenses as a big deal, so the potential immigration consequences can be devastating and far-reaching.
Drug offenses are treated with particular harshness under immigration law and can result in:
- Being deported from the United States
- Being barred from returning to the U.S. legally
- Being denied naturalization
- Having trouble getting a green card
- Losing eligibility for relief from removal
- Being detained during removal proceedings
Even if you have a green card, a drug conviction can threaten everything you’ve built here. For those without legal status, it can close doors to obtaining it in the future. The thought of being separated from your family, your home, your entire life here—it’s almost unbearable to consider.
At Gressley & Donaldson, we approach California possession of controlled substances cases involving non-citizens with special care because we understand how criminal and immigration law intersect.
Expungement and Record Clearance
Okay, let’s say the worst happened, and you’ve got a conviction. It’s not the end of the road.
A moment of poor judgment or a difficult period in your life shouldn’t define you forever. The good news is that a conviction for possession doesn’t have to follow you for the rest of your life. California law provides several ways to clear your record and move forward.
- Expungement: If you’ve completed probation for your HS 11350 conviction and aren’t currently facing other charges or serving another sentence, you may qualify for expungement under Penal Code 1203.4. It doesn’t completely erase your record, but allows you to legally say “no” when most employers ask if you’ve been convicted.
- Proposition 47 relief: If you were convicted of felony possession before Proposition 47 passed, you might be able to have that felony reduced to a misdemeanor. The difference between having a felony or misdemeanor on your record can be life-changing.
- Certificate of Rehabilitation: In some cases, you might qualify for a Certificate of Rehabilitation—a court order declaring that you’ve turned your life around. This can be a step toward a governor’s pardon and can help restore certain rights you’ve lost.
- Record sealing for arrests: If you were arrested but never convicted (maybe the charges were dismissed or you were found not guilty), you may be eligible to have that arrest record sealed under Penal Code 851.91. No more explaining an arrest that never led to a conviction.
The path to clearing your record might seem complicated, but our possession of controlled substances lawyer in California will walk beside you every step of the way. At Gressley & Donaldson, we believe in second chances because we’ve seen how people can transform their lives when given the opportunity.
Finding an Experienced Attorney
You’re at a crossroads, and picking the right lawyer can feel like a lifeline—or a leap of faith. We get how daunting that is, especially considering the number of criminal defense law firms offering their service in California.
But here’s the thing: why have any lawyers if you can work with Gressley & Donaldson? We are the only criminal defense and appeals firm in Riverside, Temecula, and Murrieta to have earned a Super Lawyers distinction.
And while Gressley & Donaldson’s recognition as Super Lawyers underscores our commitment to excellence, this isn’t the only reason so many people have trusted our law firm. Our other strengths include:
1. Local Knowledge and Experience
As Riverside County and Inland Empire criminal defense lawyers, we know these local courts like the back of our hands. We’ve built relationships with prosecutors and judges over years of practice. When you walk into the courtroom with us, you’re walking in with attorneys who understand the unique culture and procedures of these courts. And this gives us an edge when representing your interests.
2. Proven Track Record
Both Lara J. Gressley and Mike Donaldson have successfully guided countless clients through drug possession charges. They’ve been admitted to practice before the United States Supreme Court—the highest level of legal credentials an attorney can achieve.
3. Personalized Attention
Have you ever felt like just a number? Like no one was really listening to your unique story? That will never happen at our firm. We take the time to sit down with you, hear you out, understand your goals, and develop a strategy that reflects your individual circumstances. Your case isn’t just another file on our desk—we treat you with the care you deserve.
4. Compassionate Approach
We know that facing criminal charges might be the most frightening, stressful experience of your life. That’s why our team approaches each client with genuine empathy and compassion. You’ll never be judged here. You’ll only be supported and defended with everything we have.
Frequently Asked Questions on HS 11350 – Possession of a Controlled Substance
Can I be charged with possession if the drugs weren’t actually mine?
Yes, and it happens more often than you might think. The law doesn’t care who owns the drugs—only whether you knowingly possessed them. It might seem unfair, and honestly, sometimes it is. How do you fight this? To improve your chances, consider hiring a lawyer.
What’s the difference between simple possession and possession with intent to sell?
distinction. Simple possession (HS 11350) means having drugs for your own personal use. Possession with intent to sell (HS 11351) means having drugs with plans to distribute them to others.
Will I go to jail for a first-time possession offense?
The good news is that some first-time offenders don’t serve a jail term. But that may only be possible if you’re represented by a skilled lawyer who can help you negotiate alternatives like probation or community service and fight for diversion programs that offer treatment instead of incarceration.
Can legal prescription drugs lead to possession charges?
Absolutely, and this catches many people by surprise. Having prescription medications that weren’t prescribed to you—even if they were prescribed to a family member or friend—can lead to HS 11350 charges. This includes medications like Vicodin, OxyContin, Xanax, and other controlled substances. So make sure you have a valid prescription.
How long does a drug possession conviction stay on my record?
Without taking steps to clear it, a conviction can haunt you indefinitely. Every time you apply for a job, housing, or certain licenses, it could come up. But remedies like expungement and other record clearance options could help you move forward without that conviction following you everywhere.
Gressley & Donaldson: Skilled Possession of Controlled Substances Lawyer in California
We won’t sugarcoat it—facing charges for possession of controlled substances in California is rough. The weight of these charges can feel crushing. But at Gressley & Donaldson, we believe everyone deserves a shot at justice, and we’re here to deliver it. Lara J. Gressley and Mike Donaldson pour empathy, integrity, and attention to detail into every case we handle, fighting for the best representation possible. Contact us now to start building your defense today. Call at (951) 319-3199 or fill out our contact form to start with a free consultation.
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