If you or someone you love has been arrested for a drug offense in California, the charge may sound more final than it is. Many drug cases turn on how the police found the substance, who it really belonged to, and what the prosecutor can prove about intent. California law also offers diversion for some possession charges. This page explains the basics in plain terms so you can think clearly about your next step.
How California sorts drug charges
Most California drug laws are in the Health and Safety Code. The charge usually depends on three things: the type of drug, the amount, and what the prosecutor says you meant to do with it. Broadly, cases fall into four groups:
- Possession for personal use. Health and Safety Code § 11350 covers drugs such as cocaine, heroin and many prescription opioids without a valid prescription. Health and Safety Code § 11377 covers methamphetamine and certain other substances.
- Possession for sale. Health and Safety Code § 11351 and § 11378 apply when the prosecutor claims the drugs were held to sell, not to use. Police often point to packaging, scales, cash, text messages or the quantity found.
- Transportation, sale or furnishing. Health and Safety Code § 11352 and § 11379 cover selling, giving away or transporting drugs. For these sections, “transport” now generally means moving drugs for sale, not simply carrying a personal supply.
- Cultivation and manufacturing. These range from growing cannabis beyond legal limits to manufacturing charges, which are treated far more seriously.
Simple possession after Proposition 47
In 2014, voters passed Proposition 47, which made simple possession under § 11350 and § 11377 a misdemeanor for most people. A misdemeanor typically carries up to one year in county jail, though many first cases end with probation, treatment or diversion instead. People with certain very serious prior convictions, or who must register as sex offenders, can still face felony charges.
In 2024, voters approved Proposition 36, a newer law that allows a “treatment-mandated felony” for some people charged with possessing certain hard drugs who have two or more prior drug convictions. It is new, courts are still applying it, and whether it reaches your case depends on your record. If you have prior drug convictions, ask about it directly.
Possession for sale, sale and transportation remain felonies. Sentences typically range from about 16 months to several years, and can be longer with large quantities, prior convictions or other enhancements. The actual outcome depends on the facts, your record and the county.
Cannabis after Proposition 64
Since Proposition 64, adults 21 and older may possess limited amounts of cannabis and grow up to six plants at home. Charges still arise under Health and Safety Code § 11357 (possession over the limits or by people under 21), § 11358 (cultivation beyond the limits), § 11359 (possession for sale) and § 11360 (transporting, selling or giving away). Most of these are now misdemeanors for adults, but some can be charged as felonies, for example with certain prior convictions, sales to minors or environmental violations tied to a grow. Older cannabis convictions may also be eligible for reduction or dismissal.
Diversion and other alternatives
Penal Code § 1000 allows pretrial diversion for many first-time or low-level possession charges, including § 11350, § 11357 and § 11377. If you qualify and complete the program, which usually involves drug education or treatment, the charge is dismissed and the arrest is treated as if it did not happen for most purposes. You do not have to plead guilty to enter this type of diversion.
Other paths may be available depending on the facts, including general misdemeanor diversion, mental health diversion, drug court and a later expungement. Diversion is not automatic. Eligibility depends on the charge, your record and the court, and it often needs to be raised early.
Common defenses in drug cases
Every case is different, but these issues come up often:
- Unlawful search or seizure. If police stopped you, searched your car, home or phone, or entered without a valid warrant or a legal exception, a motion to suppress may keep the evidence out of court.
- Lack of knowledge or possession. Being near drugs is not the same as possessing them. The prosecutor generally must prove you knew the drugs were there, knew what they were, and had control over them. Shared cars and shared homes raise real questions.
- No intent to sell. Quantity, baggies or cash do not always mean sales. Heavy users may buy in bulk, and cash can have innocent explanations.
- Lab and chain-of-custody problems. The substance has to be tested and tracked. Weights, testing methods and handling can be challenged.
- Valid prescription or legal cannabis. Some arrests involve medication you were allowed to have or cannabis within legal limits.
How Eric H. Hintz approaches drug cases
Eric H. Hintz has practiced Criminal Defense in California since 1985. In a drug case, he starts by reading the police reports and reviewing the evidence, including body camera video, lab results and any search warrant. He looks closely at how the stop and search happened, because search and seizure issues often shape these cases. Where diversion or a reduction is available, he explores it. Where it is not, he negotiates with the prosecutor and, when it is the right choice, takes the case to trial. He handles cases in Sacramento and in any California county, in state and federal court.
If you are out of custody, the first consultation is free. Call the office at (916) 465-6500, or call or text 24 hours a day at (916) 802-5979.
Before you call, it may help to look at what happens after an arrest and your rights during a search.
Common questions
Is drug possession a felony in California?
For most people, simple possession of drugs such as cocaine, heroin or methamphetamine for personal use is a misdemeanor under Proposition 47. Exceptions exist for people with certain serious prior convictions. A newer law, Proposition 36 (2024), allows a felony charge for some people with two or more prior drug convictions. Possession for sale, sale and transportation for sale remain felonies.
What is drug diversion under Penal Code § 1000?
It is a program for many low-level possession charges. If you are eligible and finish the required education or treatment, the charge is dismissed. You do not have to plead guilty to enter it. Eligibility depends on the charge, your record and other factors, so it is worth raising with a lawyer early in the case.
The drugs were in a car with other people. Can I still be charged?
Yes, police often charge everyone in the car. But being near drugs is not the same as possessing them. The prosecutor generally must prove you knew the drugs were there, knew what they were, and had control over them. Shared spaces often create real doubt about who possessed what.
Is cannabis legal now? Why was I charged?
Adults 21 and older can legally possess limited amounts and grow up to six plants at home. Charges still happen for amounts over the limits, possession for sale, unlicensed sales, transporting for sale, larger grows, and possession by people under 21. Most adult cannabis charges are misdemeanors, though some can be felonies.
Should I talk to the police to explain the drugs were not mine?
It is usually wise to speak with a lawyer first. Statements made to explain things often become the main evidence of knowledge or intent. You have the right to remain silent and the right to an attorney. Politely say you want to speak with a lawyer before answering questions.
Related tools and pages
Last reviewed October 2026.
General information, not legal advice. Every case is different.