Drug Possession Attorney in Los Angeles

California Drug Possession Statutes

Most drug possession charges in California are filed under one of two statutes. Health and Safety Code 11350 covers possession of controlled substances such as heroin, cocaine, and certain opiates and opium derivatives without a valid prescription. Health and Safety Code 11377 applies to methamphetamine and certain stimulants and hallucinogens not covered by Section 11350. Marijuana possession is charged separately under Health and Safety Code 11357.

Proposition 47, which took effect in November 2014, reclassified most simple possession offenses from felonies to misdemeanors. Felony exposure still applies to defendants with prior convictions for certain serious or violent offenses. Possession of drug paraphernalia is a separate charge under Health and Safety Code 11364, typically a misdemeanor, and prosecutors often file it alongside a possession count.

Penalties & Collateral Consequences

A misdemeanor conviction under Health and Safety Code 11350 or 11377 carries up to one year in county jail and a fine of up to $1,000. A felony conviction for simple possession brings greater incarceration exposure and more severe long-term consequences. Beyond the criminal sentence, a conviction can affect professional licensing, immigration status, and the ability to find employment or housing.

Simple Possession vs. Possession for Sale

The distinction between simple possession and possession for sale under Health and Safety Code 11351 is one of the most consequential charging decisions in a drug case. Possession for sale is a felony regardless of whether a sale actually occurred. Prosecutors often file the more serious charge when the quantity of drugs or the packaging suggests distribution rather than personal use.

That distinction matters beyond the immediate penalty. Defendants convicted of possession for sale don’t qualify for the diversion programs available to simple possession defendants. When the facts allow it, we work to establish that the circumstances are consistent with personal use rather than distribution intent.

Common Defenses to a Drug Possession Charge in Los Angeles

The defenses that resolve these cases most effectively are grounded in the Fourth Amendment and in what the prosecution must actually prove. A successful challenge to an unlawful search can result in suppression of the drug evidence and dismissal of the charge entirely.

Other defenses turn on the elements of the offense itself:

Lack of Knowledge or Control
California recognizes actual, constructive, and joint possession. A defendant who didn’t know a substance was present, or who had no control over it, can’t be convicted.

Valid Prescription
A written prescription from a licensed physician, dentist, podiatrist, or veterinarian is a complete defense to a Health and Safety Code 11350 charge.

Momentary Possession
Briefly possessing a controlled substance for the sole purpose of disposing of it, without any intent to keep it, isn’t a criminal violation under California law.

Alternatives to Conviction: Diversion, Drug Court, & Expungement

Not every drug possession case ends in a conviction. Eligibility for diversion and Drug Court depends on the specific charge, the defendant’s history, and court approval.

Penal Code 1000 Pretrial Diversion & Drug Court

Penal Code 1000 pretrial diversion allows qualifying defendants to complete a treatment or education program in exchange for dismissal of the charge. The California Drug Court Program involves regular court appearances, mandatory drug testing, and participation in a recovery program. Successful completion can result in dismissal of charges.

We evaluate Drug Court Program eligibility for clients facing a drug charge in Los Angeles, pursuing rehabilitation-focused alternatives to incarceration where the case supports it.

Expungement After Resolution

For clients who resolve their cases through conviction or plea, California law allows expungement of many misdemeanors and some felonies once probation is completed without new criminal charges.