HS 11350 – Possession of a Controlled Substance
Introduction
Health and Safety Code (HS) § 11350 is a significant statute in California law that deals with the possession of controlled substances. While it may not specifically relate to driving under the influence (DUI), it can have substantial implications in DUI cases, especially if the driver is found in possession of illegal drugs. In this article, we will first provide the exact text of HS § 11350, followed by a detailed overview of how this statute can impact DUI cases in California.
Exact Text of HS § 11350
California Health and Safety Code § 11350:
- HS § 11350(a): Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, 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 may instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code.
- HS § 11350(b): Except as otherwise provided in this division, every person who possesses any controlled substance specified in subdivision (e) of Section 11054 shall be guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year.
Overview of the Criminal Charge
1. Understanding HS § 11350
HS § 11350 makes it a crime to possess certain controlled substances without a valid prescription. The controlled substances covered under this statute include, but are not limited to, drugs such as cocaine, heroin, and certain prescription medications like oxycodone and hydrocodone. Possession of these substances is considered a criminal offense, even if the amount possessed is small.
- Felony vs. Misdemeanor: Historically, possession of controlled substances under HS § 11350 was treated as a felony. However, with the passage of Proposition 47 in 2014, most simple possession charges under this statute are now classified as misdemeanors. A misdemeanor conviction under HS § 11350 can still result in up to one year in county jail, along with other penalties such as fines and probation.
- Exceptions: There are exceptions to this rule. For example, if the defendant has prior serious or violent felony convictions (such as those listed under California’s “Three Strikes” law), the possession charge may still be prosecuted as a felony.
2. HS § 11350 in the Context of DUI Cases
Although HS § 11350 primarily addresses drug possession, it can intersect with DUI cases in several ways:
- Possession During a DUI Stop: If a driver is pulled over for suspected DUI and is found to be in possession of a controlled substance listed under HS § 11350, they may face additional charges for drug possession. This can complicate the DUI case and result in harsher penalties.
- Drug DUI Charges: In some cases, if a driver is found in possession of a controlled substance and exhibits signs of impairment, they may be charged with driving under the influence of drugs (DUID) under California Vehicle Code § 23152(f). The presence of the controlled substance can be used as evidence of impairment, even if the amount possessed is small.
- Legal Defenses: A defense attorney may challenge the possession charge by arguing that the search of the vehicle or person was unlawful or that the controlled substance did not belong to the driver. In the context of a DUI, the attorney may also argue that the possession of the drug does not necessarily prove impairment.
3. Penalties and Consequences
- Misdemeanor Penalties: If convicted of a misdemeanor under HS § 11350, the defendant may face up to one year in county jail, fines, and probation. The court may also require the defendant to complete a drug treatment program.
- Felony Penalties: In cases where the charge is prosecuted as a felony (due to prior convictions or other aggravating factors), the penalties can be more severe, including longer jail or prison sentences.
- Impact on DUI Sentencing: If the possession charge is combined with a DUI conviction, the overall penalties can be significantly enhanced. The court may impose additional fines, longer probation periods, and mandatory participation in drug and alcohol education programs.
4. Diversion Programs and Alternative Sentencing
California law provides options for diversion programs and alternative sentencing for certain drug possession offenses under HS § 11350. These programs allow eligible defendants to receive treatment and avoid a criminal conviction if they successfully complete the program.
- Proposition 36: Under Proposition 36, non-violent drug offenders, including those charged under HS § 11350, may be eligible for a drug treatment program instead of jail time. Successful completion of the program can lead to dismissal of the charges.
- PC 1000 Deferred Entry of Judgment: Another option is the Deferred Entry of Judgment (DEJ) program under Penal Code § 1000. This allows first-time drug offenders to enter a guilty plea but have the judgment deferred while they complete a drug treatment program. Upon successful completion, the charges may be dismissed.
Conclusion
Health and Safety Code § 11350 is a critical statute in California law that addresses the possession of controlled substances. While primarily focused on drug possession, it can have significant implications in DUI cases, especially when the driver is found with illegal drugs. Understanding the nuances of HS § 11350, its penalties, and how it interacts with DUI law is essential for both defendants and legal practitioners in California.