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Drug Possession Defense (HS 11377)
After Proposition 47, simple drug possession in California is generally a misdemeanor with diversion options. With proper representation, your case can be dismissed.
What constitutes simple possession
Under HS 11350 (narcotics) and HS 11377 (methamphetamine, etc.), simple possession requires:
- You knowingly possessed a controlled substance
- You knew its nature as a controlled substance
- The amount was usable (not just residue)
Possession can be actual (on your person) or constructive (under your control, e.g., in a backpack or vehicle).
Diversion programs
PC 1000 — Deferred Entry of Judgment
For first-time possession. Plead guilty (deferred), complete drug education program (typically 18 months), case dismissed.
Prop 36 — Substance Abuse Crime Prevention Act
Treatment instead of jail for simple possession. Successful completion = dismissal. Available even with some priors.
Misdemeanor Diversion (PC 1001.95)
Judge-discretion diversion for any misdemeanor. Up to 24 months supervision. Case dismissed on completion.
Defenses to possession charges
- Illegal search (Fourth Amendment violation)
- Lack of knowledge (didn\'t know substance was illegal)
- Lack of possession (drugs belonged to someone else)
- Insufficient quantity (only residue)
- Constitutional violations (Miranda, illegal detention)
- Lab errors in substance identification
Have a possession charge in Orange County? Contact us — we know which judges grant diversion and which DAs negotiate.
Frequently Asked Questions
Is simple drug possession a misdemeanor in California?
Yes, since Prop 47 (2014). Possession of methamphetamine (HS 11377), cocaine, heroin, ecstasy, and other controlled substances for personal use is a misdemeanor — up to 1 year county jail. Prior felony convictions and certain sex offender registrants are exceptions.
Can I get a drug possession charge dismissed in Orange County?
Often, yes. PC 1000 deferred entry of judgment (DEJ) requires you to complete a drug treatment program; upon completion the case is dismissed. Prop 36 also provides treatment-based diversion. Misdemeanor diversion under PC 1001.95 may be available.
What is PC 1000 deferred entry of judgment?
PC 1000 DEJ is a diversion program for first-time drug possession defendants. You plead guilty (deferred), complete a drug education or treatment program, and the case is dismissed at the end with no conviction on your record. Eligibility requires no recent priors and no sales allegations.
Will a drug possession conviction affect my driver's license?
Possibly. California courts can suspend driving privileges for certain drug convictions, especially if the offense involved a vehicle. Federal student aid eligibility is affected by drug convictions — but only if the offense occurred while you were receiving aid.
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