11350 HS Explained: Possession of Narcotics in California

California Health and Safety Code section 11350 makes it a crime to possess certain controlled substances without a valid written prescription. It covers the drugs in the schedules it lists, which include heroin, cocaine, and cocaine base, along with some non-narcotic substances such as mescaline, peyote, and GHB, while section 11377 covers methamphetamine and other non-narcotic substances.

This page covers what section 11350 says as published on the California Legislature's official site, what the prosecution has to prove under the state's jury instructions, the penalties the section sets, and how Proposition 36's separate section 11395 can apply to a person with prior drug convictions. It covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What 11350 HS says

Section 11350 is the first section of the Health and Safety Code's chapter on controlled substance offenses and penalties, in the article on substances "Formerly Classified as Narcotics." It has five subdivisions.

11350(a): possession of listed substances

Subdivision (a) applies, "Except as otherwise provided in this division," to 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..."

Which drugs those schedules include

The section never names a drug. The names come from the schedules it points to:

• Heroin. Section 11054(c), the Schedule I opium derivatives, lists "(11) Heroin."
• Cocaine base. Section 11054(f) covers stimulants and lists "(1) Cocaine base."
• Cocaine and opiates. Section 11055(b) lists opium and opiates and "(6) Cocaine, except as specified in Section 11054," and section 11055(c) covers opiates. Both are Schedule II.
• Other listed substances. Section 11350(a) also reaches section 11054(d)(14) and (15), which list mescaline and peyote, section 11054(d)(20), which lists tetrahydrocannabinols, and section 11054(e), the depressants, which lists mecloqualone, methaqualone, and gamma hydroxybutyric acid (GHB).

This page does not list every substance in those schedules. The full lists are in section 11054 and section 11055. Methamphetamine is listed in section 11055(d), which 11350(a) does not include; possession of it is covered in our 11377 HS explainer.

11350(b): the $70 fine

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)." The court must consider the defendant's ability to pay, and "no defendant shall be denied probation because of his or her inability to pay" this fine.

11350(c): probation conditions after a felony conviction

"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."

11350(d) and (e): carrying someone else's prescription

Subdivision (d) says it is not unlawful for someone other than the prescription holder to possess the substance if the possession is "at the direction or with the express authorization of the prescription holder" and the possessor's "sole intent" is to deliver it to the holder for its prescribed use or to discard it lawfully. Subdivision (e) adds that this does not permit anyone else to use the substance, or permit distribution or sale inconsistent with the prescription.

What the prosecution has to prove

California's official jury instruction is CALCRIM No. 2304, "Simple Possession of Controlled Substance (Health & Saf. Code, §§ 11350, 11377)," published by the Judicial Council of California (2026 edition). It tells the jury the prosecution must prove that:

1. The defendant possessed a controlled substance.
2. The defendant knew of its presence.
3. The defendant knew of the substance's nature or character as a controlled substance.
4. The controlled substance was the substance charged (or, for a substance not listed in the schedules, an analog of it).
5. The controlled substance was in a usable amount.

A usable amount is "a quantity that is enough to be used by someone as a controlled substance." The instruction says "Useless traces [or debris] are not usable amounts," but a usable amount does not have to be enough to affect the user.

The instruction's optional paragraphs say two or more people may possess something at the same time, and a person does not have to hold or touch something to possess it if the person has control over it or the right to control it. Where a prescription defense is raised, the People must prove beyond a reasonable doubt that the defendant did not have a valid, written prescription from a licensed California physician, dentist, podiatrist, naturopathic doctor, or veterinarian.

Penalties under 11350 HS

Subdivision (a) sets the punishment:

"...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."

Note the wording: for a person with the listed prior convictions, 11350 says the person "shall instead" be punished under 1170(h). Section 11377, the companion possession section, says "may instead."

The section does not use the word misdemeanor. Penal Code section 17(a) defines a felony as a crime punishable by death, state prison, or county jail under section 1170(h), and says "Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions." For a person without the listed priors, the only punishment 11350(a) provides is county jail for up to one year.

Section 11350(a) does not state a term for the 1170(h) punishment. Penal Code section 1170(h)(1) says a felony punishable under that subdivision "where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years," except as provided in paragraph (3). Paragraph (3) sends an executed 1170(h) sentence to state prison for a defendant with, among other things, a prior or current serious or violent felony conviction, or a sex offender registration requirement. Section 667(e)(2)(C)(iv) describes each offense on its list as a prior serious or violent felony conviction, so for a person sentenced under the 1170(h) rule in 11350(a), an executed term will ordinarily be served in state prison, not county jail.

Subdivision (c)'s probation conditions apply only "whenever a court grants probation pursuant to a felony conviction under this section."

Section 11395: the Treatment-Mandated Felony Act

Proposition 36 added Health and Safety Code section 11395, effective December 18, 2024. It is a separate offense, and section 11350 does not mention it. Subdivision (a) names the article the "Treatment-Mandated Felony Act."

Under 11395(b)(1), a person described in subdivision (c) who possesses a hard drug without a valid written prescription "shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code." A second or subsequent conviction of section 11395 is punishable by county jail not exceeding one year or state prison.

Subdivision (c) applies to a person "who has two or more prior convictions for a felony or misdemeanor violation of Section 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353.7, 11370.1, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, or 11395," including convictions from before the section took effect. The priors must be alleged in the charging document and either admitted in open court or found true by the trier of fact.

Under 11395(e)(1), a hard drug "means a substance listed in Section 11054 or 11055, including a substance containing fentanyl, heroin, cocaine, cocaine base, methamphetamine, or phencyclidine," and their analogs. Subdivision (e)(2) excludes cannabis, peyote, LSD, psilocybin and other psychedelics, the rest of section 11054(d) and (e), and, other than methamphetamine, the rest of section 11055(d).

Section 11395 builds in treatment. Under 11395(b)(2), a person may not be sentenced to jail or prison under the section unless a court determines the person is not eligible or suitable for treatment, or another circumstance in 11395(d)(4) applies. Under 11395(d), a defendant may elect treatment by pleading guilty or no contest and agreeing to complete a court-approved program, and under 11395(d)(3) successful completion, with the program's positive recommendation and a motion, leads the court to dismiss the charge.

Related sections

• Health and Safety Code section 11351. Possession for sale of the substances in this group. See our 11351 HS explainer.
• Health and Safety Code section 11377. Possession of methamphetamine and other non-narcotic substances. See our 11377 HS explainer.
• Health and Safety Code section 11364. Possession of drug paraphernalia. See our 11364 HS explainer.
• Health and Safety Code section 11550. Using or being under the influence of a controlled substance. See our 11550 HS explainer.
• Health and Safety Code section 11395. The Treatment-Mandated Felony Act. Official text.
• Penal Code section 1170. Subdivision (h) covers county jail felony sentencing. Official text.
• Penal Code section 17. Felony and misdemeanor definitions. Official text.

For how California sorts crimes into felonies and misdemeanors, see California felony and misdemeanor classes. Other statute explainers are in our statutes library.

Legislative history

The official history note for section 11350 reads: "Amended (as amended by Proposition 47) by Stats. 2017, Ch. 269, Sec. 4. (SB 811) Effective January 1, 2018. Note: This section was amended on Nov. 4, 2014, by initiative Prop.47." The note does not describe what either change did. The text quoted on this page is the version published on the Legislature's site as of October 20, 2026.

What happens after an arrest for 11350 HS

A "11350" on a jail roster or booking sheet is the arresting agency's charge. The prosecutor reviews the case and decides whether to file a 11350 charge, a different charge such as section 11395 where prior convictions are alleged, or nothing. For a section 11395 arrest, subdivision (f) says the court "shall require judicial review prior to release." The first court appearance, the arraignment, is where the filed charges are read.

Our California charge code lookup translates other booking codes, and What Happens After You Get Arrested walks through the steps from booking to arraignment.

Disclaimer

This page explains what California Health and Safety Code section 11350 and the related sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and reading it does not create an attorney-client relationship. How a possession case is charged can depend on the substance, the amount, and a person's record, so anyone facing a 11350 charge should speak with a criminal defense lawyer licensed in California.

Last updated: October 20, 2026.

Frequently Asked Questions

What is 11350 HS in California?

Health and Safety Code section 11350 is the possession offense for the controlled substances in the schedules it lists, which include heroin, cocaine, cocaine base, and opiates, as well as mescaline, peyote, and GHB, and for narcotic drugs in Schedules III, IV, and V. Possession upon a valid written prescription from a licensed physician, dentist, podiatrist, or veterinarian is not covered.

Is 11350 a felony in California?

The section does not use the word. It sets county jail for not more than one year, except that a person with certain prior convictions listed in Penal Code section 667(e)(2)(C)(iv) or requiring sex offender registration under section 290(c) shall instead be punished under Penal Code section 1170(h). Penal Code section 17(a) defines a felony as a crime punishable by state prison or under 1170(h), and every other crime, apart from infractions, as a misdemeanor. Read together, 11350(a) is a misdemeanor-level offense (county jail up to one year) for a person without the listed priors, and a felony punished under 1170(h) for a person with them. Section 11395 is a separate charge.

What is the sentence for 11350(a)?

County jail for not more than one year under the section's main rule, plus an optional fine of up to $70 under subdivision (b). For a person with the listed priors, the 1170(h) term is 16 months, two, or three years under Penal Code section 1170(h)(1), because 11350 does not specify one. Section 1170(h)(3) sends an executed term to state prison for a defendant with a prior serious or violent felony conviction or a sex offender registration requirement, which describes the people the 1170(h) rule in 11350(a) applies to.

Is cocaine possession 11350 or 11377?

Cocaine is listed in section 11055(b)(6) and cocaine base in section 11054(f)(1). Section 11350(a) covers substances in section 11055(b) and in section 11054(f)(1). Section 11377 covers methamphetamine and other substances in section 11055(d) instead.

How does Proposition 36 affect an 11350 charge?

Proposition 36 added section 11395, effective December 18, 2024. For a person with two or more prior convictions under listed drug sections, including 11350, possession of a hard drug such as heroin, cocaine, or fentanyl is punishable by county jail up to one year or under Penal Code section 1170(h), with a treatment track that can lead to dismissal.