11377 HS Explained: Possessing a Controlled Substance

California Health and Safety Code section 11377 makes it a crime to possess certain controlled substances without a valid prescription. It covers the non-narcotic substances in the schedules it lists, which include methamphetamine and psilocybin, while section 11350 covers heroin, cocaine, and other narcotic-type drugs.

This page covers what section 11377 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 11377 HS says

Section 11377 sits in Article 5 of the Uniform Controlled Substances Act, titled "Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs." It has four subdivisions.

11377(a): possession of listed substances

Subdivision (a) applies to every person who possesses a controlled substance that is:

1. "classified in Schedule III, IV, or V, and which is not a narcotic drug";
2. specified in section 11054(d), except paragraphs (13), (14), (15), and (20);
3. specified in section 11056(c)(11);
4. specified in section 11054(f)(2) or (3); or
5. specified in section 11055(d), (e), or (f).

The possession is not covered if it is "upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state." Subdivision (a) also yields to subdivision (b), section 11375, and Article 7 of the pharmacy chapter of the Business and Professions Code.

Which drugs those schedules include

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

• Methamphetamine and amphetamine. Section 11055(d), the Schedule II stimulants, lists "(1) Amphetamine" and "(2) Methamphetamine, its salts, isomers, and salts of its isomers." Item 5 above brings 11055(d) into section 11377.
• Psilocybin and psilocyn. Section 11054(d), the Schedule I hallucinogenic substances, lists "(18) Psilocybin" and "(19) Psilocyn." Item 2 above brings 11054(d) into section 11377, apart from the four paragraphs it excludes.

This page does not list every substance in those schedules. The full lists are in section 11054 and section 11055.

11377(b): the $70 fine

"The judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a), with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code."

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.

11377(c) and (d): carrying someone else's prescription

Subdivision (c) says it is not unlawful for someone other than the prescription holder to possess the substance if both of these 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."

Subdivision (d) adds that the section does not permit anyone other than the prescription holder to use the substance, or permit distribution or sale inconsistent with the prescription.

What the prosecution has to prove

California's official jury instruction for this offense 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.

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

On possession, the instruction's optional paragraphs say two or more people may possess something at the same time, and that 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. It also says agreeing to buy a controlled substance does not, by itself, mean a person has control over it.

Where a prescription defense is raised, the instruction says the defendant is not guilty if the defendant had a valid, written prescription from a licensed California physician, dentist, podiatrist, naturopathic doctor, or veterinarian, and that the People must prove beyond a reasonable doubt that the defendant did not have one.

Penalties under 11377 HS

Subdivision (a) sets the punishment:

"...shall be punished by imprisonment in a county jail for a period of not more than one year, except that such person may 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."

The section itself never uses the words misdemeanor, felony, or wobbler. Penal Code section 17(a) supplies the classification rule:

"A felony is a crime that is punishable with death, by imprisonment in the state prison, or, notwithstanding any other law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions."

Read together, for a person without the prior convictions named in 11377(a), the only punishment the section provides is county jail for up to one year. The 1170(h) option is open only for a person with a prior conviction for an offense listed in Penal Code section 667(e)(2)(C)(iv) or one requiring sex offender registration under section 290(c). The 667(e)(2)(C)(iv) list is narrow: it includes, for example, any homicide offense, including attempted homicide, and a sexually violent offense. The full list is in section 667.

Section 11377(a) does not state a term for the 1170(h) option. Penal Code section 1170(h)(1) supplies one for that situation:

"Except as provided in paragraph (3), a felony punishable pursuant to this 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."

Paragraph (3) of section 1170(h) changes where that term is served. It says an executed sentence under subdivision (h) "shall be served in the state prison" for a defendant who, among other things, has a prior or current serious or violent felony conviction or is required to register as a sex offender. 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) option in 11377(a), an executed term will ordinarily be served in state prison, not county jail.

Subdivision (b) adds the optional fine of up to $70.

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 11377 does not mention it. Subdivision (a) says the article "shall be known and cited as the Treatment-Mandated Felony Act." The 2026 jury instructions cover it in CALCRIM No. 2307, "Possession of Hard Drug With Prior Controlled Substance Convictions (Health & Saf. Code, § 11395)."

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) says it 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 prior convictions must be alleged in the charging document and either admitted in open court or found true by the trier of fact.

Section 11395(e) controls which drugs count:

• Included. 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.
• Excluded. It "does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD), other psychedelic drugs, including mescaline and psilocybin (mushrooms), any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision (d) of Section 11055."

So methamphetamine, one of the drugs section 11377 covers, is a hard drug under 11395, while psilocybin, also covered by 11377, is not.

Section 11395 also 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 treatment program. Under 11395(d)(3), on successful completion of the program, the program's positive recommendation, and a motion by the defendant, the prosecutor, the court, or the probation department, the court "shall dismiss this charge."

Related sections

• Health and Safety Code section 11350. Possession of narcotic-type controlled substances such as heroin and cocaine. See our 11350 HS explainer.
• Health and Safety Code section 11378. Possession for sale of the substances in this group. See our 11378 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 from Proposition 36. Official text.
• Health and Safety Code sections 11054 and 11055. Schedules I and II. Section 11054, section 11055.
• Penal Code section 17. Felony and misdemeanor definitions. Official text.

For psilocybin specifically, see California psilocybin mushroom laws. 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 11377 reads: "Amended (as amended by Proposition 47) by Stats. 2017, Ch. 269, Sec. 6. (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 11377 HS

A "11377" on a jail roster or booking sheet is the arresting agency's charge. The prosecutor reviews the case and decides whether to file a 11377 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" to assess public safety risk and likelihood of returning to court. 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 11377 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 11377 charge should speak with a criminal defense lawyer licensed in California.

Last updated: October 20, 2026.

Frequently Asked Questions

What is 11377 HS in California?

Health and Safety Code section 11377 is the possession offense for the non-narcotic controlled substances in the schedules it lists, which include methamphetamine (section 11055(d)) and psilocybin (section 11054(d)). Possession upon the prescription of a licensed physician, dentist, podiatrist, or veterinarian is not covered.

Is 11377 a felony or a misdemeanor in California?

The section does not use either word. It sets county jail for not more than one year, and allows punishment under Penal Code section 1170(h) only for 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). Penal Code section 17(a) defines a felony as a crime punishable by state prison or 1170(h), and every other crime, apart from infractions, as a misdemeanor. Read together, 11377(a) provides only a misdemeanor-level punishment (county jail up to one year) for a person without those priors, and for a person with them it allows either county jail or 1170(h). Section 11395 is a separate charge with its own punishment.

What is the maximum sentence for 11377(a)?

The section sets county jail for not more than one year. For a person with the listed prior convictions, the 1170(h) option applies, and Penal Code section 1170(h)(1) sets 16 months, two, or three years where the underlying offense does not specify a term, and Penal Code 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. The judge may also add a fine of up to $70 under subdivision (b).

Is meth possession 11377 or 11350?

Methamphetamine is listed in section 11055(d)(2), and section 11377(a) covers substances specified in section 11055(d). Section 11350(a) does not list subdivision (d) of section 11055. Separately, section 11395 lists methamphetamine as a hard drug for the Treatment-Mandated Felony Act.

What did Proposition 36 change for drug possession?

Proposition 36 added section 11395, effective December 18, 2024. It applies to a person with two or more prior convictions under listed drug sections, including 11350, 11377, 11351, and 11378, who possesses a hard drug. The punishment is county jail up to one year or under Penal Code section 1170(h), with a treatment track that can lead to dismissal.

Can someone be charged for holding a family member's prescription?

Section 11377(c) says it is not unlawful for a person other than the prescription holder to possess the substance if the possession is at the holder's direction or with the holder's express authorization, and the sole intent is to deliver it to the holder for its prescribed use or to discard it lawfully.