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Drug Possession
Charges in California
- Health & Safety Code § 11350 & § 11377 -
Drug Possession Charges
If you’ve been arrested or cited for drug possession in Orange County, it’s important to understand the charges you may be facing—and what your legal options are.
California law treats drug offenses seriously, but recent changes to state law have made some drug possession charges less severe and more focused on rehabilitation rather than incarceration. Still, a conviction can carry lasting consequences for your record, employment, immigration status, and more.
At JPLaw, P.C., we defend individuals charged with all types of drug possession crimes—from simple misdemeanors to felony offenses involving controlled substances. This page provides an overview of how drug possession laws work in California and what you can expect if you’re facing a charge in Orange County.
As you will see, drug possession charges should never be taken lightly. The following information is only intended to provide a general understanding of the crime of unlawful drug possession in California.
However, it is always recommended that someone charged with drug possession contact an experienced drug possession defense lawyer at JPLaw, P.C. as soon as possible.
CRIMINAL DEFENSE
1. What is unlawful drug possession under California Law?
In California, drug possession generally refers to having physical control over a controlled substance without a lawful prescription. This can include substances such as:
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Methamphetamine
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Cocaine or crack cocaine
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Heroin
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Fentanyl
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Xanax, Oxycodone, or Vicodin (without a valid prescription)
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MDMA (Ecstasy/Molly)
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LSD or psilocybin mushrooms
Depending on the substance, amount, and circumstances, the offense may be charged under different sections of the California Health & Safety Code.
2. What are some common drug possession charges?
Drug possession charges in California fall under the Health and Safety Code, and the exact section depends on the type of substance, the quantity, and whether prosecutors allege it was for personal use or sale. Below are the most commonly charged offenses:
HS §11350(a) – Possession of a Controlled Substance (Narcotics)
This statute covers the unlawful possession of narcotics such as heroin, cocaine, and certain prescription medications. Most violations of this section are charged as misdemeanors due to Proposition 47 (2014), but certain aggravating factors can lead to felony charges.
HS §11377(a) – Possession of Methamphetamine or Other (Non-Narcotic) Substances
This section applies to methamphetamine, MDMA (Ecstasy), ketamine, anabolic steroids, and other non-narcotic substances. As with §11350, this is usually a misdemeanor unless the individual has a prior serious or violent felony or is a registered sex offender.
HS §11357 – Possession of Marijuana (Unlawful Quantities)
While recreational marijuana is legal in California, it is still against the law to:
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Possess more than 28.5 grams of marijuana (or 8 grams of concentrated cannabis)
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Possess marijuana under the age of 21
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Possess marijuana on school grounds
Possession of unlawful quantities can result in infractions, misdemeanors, or in some rare cases felonies, depending on age and prior convictions.
HS §11351 – Possession for Sale
If law enforcement believes the drugs were not for personal use—based on the quantity, packaging, or presence of cash or scales—you may be charged with possession for sale, a felony that carries much more severe penalties.
HS §11352 – Transportation or Sale of a Controlled Substance
This serious felony charge applies when someone is alleged to have moved, sold, or furnished narcotics—even if no actual sale occurred. Simply driving with a substantial quantity of a controlled substance could be charged under this section.
Each of these charges can carry unique consequences, including jail time, fines, mandatory drug counseling, and loss of professional licenses or immigration benefits.
3. What does the prosecutor need to prove?
To secure a conviction for drug possession, the prosecution must prove each of the following elements beyond a reasonable doubt:
The first thing the prosecutor is going to have to prove is that the person charged was in possession of a controlled substance. This can be done by showing the person had actual or constructive possession of the drug.
Actual possession simply means that the drugs were found on the person (e.g., in a pocket or a bag) of the individual charged with possession. Constructive possession is where the drugs were found in a location where the person had control or could access the drugs (e.g., your car, room, or backpack).
On some occasions the prosecutor will claim that two or more people had joint possession of the drugs. Joint possession is where two or more individuals had shared possession of the drugs or that each had access to the drugs.
What is most important when it comes to challenging this element is the fact that mere proximity to a drug is not enough; prosecutors must prove the person had dominion and control over the drugs. This brings us to the second thing the prosecutor must prove: knowledge.
As previously mentioned, the prosecutor cannot simply rely on the fact that a person was near a substance. To prove someone had unlawful possession of drugs, the prosecutor must prove that the defendant knew the drugs were there. If someone else left drugs in your car or belongings without your knowledge, that can be a viable defense.
In more serious charges (such as possession for sale or transportation), the prosecutor will also have to prove additional elements like intent, movement, or packaging.
4. What are the penalties for unlawful possession of a control substance?
The penalties for a drug possession charge in California depend on several key factors:
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The type of drug involved (e.g., methamphetamine vs. marijuana)
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Whether the drug was for personal use or intended for sale
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The defendant’s criminal history
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The amount of the substance
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Whether any aggravating circumstances are alleged (e.g., possession near a school, firearms, or minors)
While Proposition 47 (passed in 2014) significantly reduced many drug possession charges from felonies to misdemeanors, drug crimes can still result in jail time, probation, fines, mandatory treatment, and collateral consequences like immigration impacts, driver’s license suspensions, and loss of professional licensing.
A judge can also order that the defendant be imprisoned in jail as a condition of the defendant's probation.
Misdemeanor Drug Possession Penalties –
The following penalties for misdemeanor drug possession are typically available to a defendant who is charged with a violation of Health & Safety Code §11350 or §11377 for personal use.
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Up to 1 year in county jail
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Up to $1,000 in fines
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Misdemeanor probation (often 1–3 years)
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Mandatory drug education or rehabilitation program
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Court fees, drug testing, and community service
Judges in Orange County often order enrollment in programs such as PC 1000 diversion, Prop 36 drug treatment, or Drug Court, especially for first-time or non-violent offenders. These alternatives can result in dismissal of the case after successful completion.
Felony Drug Possession Penalties –
The penalties below are more serious, and they are generally reserved for cases involving intent to sell, large quantities, or defendants with disqualifying prior convictions.
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16 months, 2 years, or 3 years in state prison (for simple felony possession)
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2, 3, or 4 years in prison for HS §11351 (possession for sale)
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3, 4, or 5 years for HS §11352 (transportation/sales of controlled substances)
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Felony probation (with terms including rehab, search clauses, and jail alternatives)
Convictions for possession for sale or transportation are not eligible for pretrial diversion or Prop 47 relief. The District Attorney’s office in Orange County is known to file sales charges aggressively when there is evidence of packaging, scales, or large amounts of cash—even if no sales were observed.
Marijuana Possession Penalties –
Possessing more than 28.5 grams (1 ounce) of marijuana or 8 grams of concentrated cannabis can result in:
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Misdemeanor charge
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Up to 6 months in county jail
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Up to $500 in fines
For individuals under 21, even possessing small amounts is an infraction that may result in fines, community service, or mandatory drug education.
Aggravating Factors that May Increase Penalties –
The usual penalties listed above can be enhanced if:
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The offense occurred near a school or park
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The defendant possessed a firearm in connection with the drug offense
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The defendant has prior “strike” convictions
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The offense involved minors, such as furnishing drugs to a minor
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The amount of drugs meets thresholds for trafficking enhancements
These factors may result in sentence enhancements, additional years in prison, or limitations on eligibility for probation or early release.
Collateral Consequences of a Drug Conviction –
Even beyond jail or probation, a drug possession conviction can have serious long-term effects:
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Immigration consequences – Non-citizens may face deportation or be deemed inadmissible
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Loss of professional licenses – Including nurses, teachers, real estate agents, and CDL holders
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Driver’s license suspension (in certain cases)
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Loss of federal student aid eligibility (in some situations)
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Difficulty securing employment or housing
For these reasons, it is often critical to seek an outcome that avoids conviction entirely—such as dismissal through diversion or negotiating for a reduced charge.
5. Why hire a local defense attorney?
Orange County courts—especially those in Santa Ana, Newport Beach, Fullerton, and Westminster—have specific procedures and tendencies when it comes to prosecuting drug offenses. Prosecutors often seek convictions, but with the right representation, it’s possible to mitigate or eliminate the most serious consequences.
At JPLaw, P.C., we have years of experience negotiating with local prosecutors and navigating the Orange County court system to achieve favorable outcomes for our clients.
Contact An Orange County Criminal Defense Lawyer
John-Patrick Mullen-Lujan is a trusted Orange County criminal defense lawyer that prides himself on his ability to communicate with clients as he helps them navigate our complex criminal justice system.
Attorney Mullen-Lujan was named one of the Best Criminal Defense Lawyers in Orange and Newport Beach. Hire an attorney you can trust and who can provide the zealous advocacy you need.
Contact JPLaw, P.C. to schedule your FREE consultation with local Orange County criminal defense lawyer John-Patrick Mullen-Lujan. Together you will review your case and develop a legal defense strategy tailored just for you!
JPLaw, P.C.
Orange County Law Office
Old Town Orange Office
410 N Clark St.
Orange, CA 92868
Phone: (949) 991-7057
Email: JPLAW22@outlook.com