(a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall instead be punished pursuant to
subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior
convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.
(b)Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a), the judge may, in addition to any punishment provided for pursuant to subdivision (a), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this
subdivision.
(c)Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered:
(1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) or community service.
(2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service.
(3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2),
community service shall be ordered in lieu of the fine.
(d)It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply:
(1)The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.
(2)The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner.
(e)This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of
a controlled substance that is otherwise inconsistent with the prescription.
Notes of Decisions
Cited in
92
cases (
13 in the last 5 years), 1974–2025 · leading case:
People v. Rivera, 233 Cal. App. 4th 1085 (Cal. Ct. App. 2015).
People v. Rivera, 233 Cal. App. 4th 1085 (Cal. Ct. App. 2015).
· cites it 2× “As amended by Proposition 47, Health and Safety Code section 11350 now provides that a violation of that section is a misdemeanor, unless the defendant “has one or more prior convictions” for an offense specified in Penal Code section 667, subdivision (e)(2)(C)(iv) — which lists…”
Jaime Lazo v. Robert Wilkinson, 989 F.3d 705 (9th Cir. 2021).
· cites it 5× “WILKINSON SUMMARY *** Immigration Denying Jaime Lazo’s petition for review of a decision of the Board of Immigration Appeals, the panel held that: 1) California Health and Safety Code § 11350, possession of a controlled substance, is divisible as to controlled substance; and 2)…”
People v. Ramirez, 599 P.2d 622 (Cal. 1979).
· cites it 2× “) [2] Although his outpatient status was revoked prior to his exclusion from the CRC, appellant contends only that he was "denied due process in his exclusion from the California Rehabilitation Center.”
Ramirez-Altamirano v. Holder, 563 F.3d 800 (9th Cir. 2009).
· cites it 2× “Ramirez-Altamirano originally was charged both with possession of drugs under California Health and Safety Code section 11350 and possession of drug paraphernalia under section 11364 of the same code.”
People v. Tidwell CA6, 246 Cal. App. 4th 212 (Cal. Ct. App. 2016).
· cites it 2× “SS090930A, defendant pleaded guilty to count 1, Health and Safety Code section 11350, subdivision (a) felony possession of a controlled substance.”
United States v. Diaz, 838 F.3d 968 (9th Cir. 2016).
“§ 841 , because of his two prior felony drug convictions—one of which was a 1996 conviction under California Health and Safety Code section 11350(a) for possession of a controlled substance.”
People v. Hester, 2004 Cal. Daily Op. Serv. 5055 (Cal. Ct. App. 2004).
· cites it 2× “(Health and Saf.Code, § 11350, subd. (a).) The defendants moved to suppress the gun and to dismiss the indictment, arguing that Carruesco and Heredia did not have probable cause to stop the vehicle and there was no evidence of a conspiracy.”
People v. Contreras, 15 Cal. Daily Op. Serv. 6388 (Cal. Ct. App. 2015).
“) “As amended by Proposition 47, Health and Safety Code section 11350 now provides that a violation of that section is a misdemeanor, unless the defendant ‘has one or more prior convictions’ for an offense specified in .”
People v. Rouser, 97 Cal. Daily Op. Serv. 9212 (Cal. Ct. App. 1997).
· cites it 3× “This intent is manifested, defendant argues, by the language “any controlled substances.”
People v. Holly, 62 Cal. App. 3d 797 (Cal. Ct. App. 1976).
· cites it 2× “[4] Health and Safety Code section 11350 (possession of heroin) provides that a person so convicted "shall be punished by imprisonment in the state prison for a period of not less than two years or more than 10 years .”
People v. Adelmann, 416 P.3d 786 (Cal. 2018).
“" 3 Health and Safety Code section 11350, subdivision (a), Vehicle Code section 23152, former subdivision (a) (now subdivision (f) ).”
— Cal. Health and Safety Code § 11350(a) — 12 cases
United States v. Diaz, 838 F.3d 968 (9th Cir. 2016).
“§ 841 , because of his two prior felony drug convictions—one of which was a 1996 conviction under California Health and Safety Code section 11350(a) for possession of a controlled substance.”
Jaime Lazo v. Robert Wilkinson, 989 F.3d 705 (9th Cir. 2021).
“WILKINSON SUMMARY *** Immigration Denying Jaime Lazo’s petition for review of a decision of the Board of Immigration Appeals, the panel held that: 1) California Health and Safety Code § 11350, possession of a controlled substance, is divisible as to controlled substance; and 2)…”
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