Health & Safety Code 11350 HS Possession of a Controlled Substance
Under Health & Safety Code 11350 HS, a person can be charged with a felony if he/she has possession of a controlled substances. A controlled substance for HS 11350 purposes includes cocaine, cocaine base, heroin and prescription drugs such as codeine or hydrocodone (if the person lacks a lawful prescription).
The person charged under 11350 HS does not have to be using the drug, selling the drug, or under the influence of the drug. Mere possession of a controlled substance is sufficient. HS 11350 is a felony with a penalty of up to 3 years state prison. However, most people charged under HS 11350 qualify for drug diversion under Penal Code 1000, or for Proposition 36 deferred entry of judgment.
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