Heroin Possession/Possession for Sale: CAHS 11350

Heroin (Health and Safety Code 11350 & 11351 HS) is a Schedule 1 drug under the United States Controlled Substances Act. This is because of its high potential for abuse and it has no current use in the medical field.

You Violate Health and Safety Code 11350 just by possessing Heroin, this law also makes it illegal to possess any other number of drugs, including cocaine, codeine, vicodin and other controlled substances. If you are convicted for heroin possession you are facing a felony, with a maximum sentence of up to three years in a state prison and a maximum fine of $20,000.

Certain Individuals are entitled to attend a drug diversion program, this program will allow the defendant to participate in a drug rehabilitation program instead of serving time in prison. If you successfully complete your drug rehabilitation program your heroin charges will be dismissed.

You violate Health and Safety Code 11351 when not only do you possess heroin, but you also have the intent to sell it. This law is more serious then HS 11350, if you are convicted with the intention to sell you will face a felony with a maximum sentence of up to four year and the same maximum fine of $20,000. However if the weight of the heroin you possess is more than a kilogram, you could be facing up to an extra twenty five years in prison and monetary fines will be greatly increased. When facing HS 11351 you will not be able to attend a drug diversion program.

With an experienced attorney by your side you will be able to best defend against the charges against you. Based on your particular situation your attorney will advise you on the best course of action. There are a number of defenses that can be used when you face heroin related charges, many times law enforcement agents abuse their authority, especially when dealing with drug users. Any Information on how you were arrested will help your attorney compile a better defense.

At the Law Offices of David S. Chesley we have the most knowledgeable and experienced attorneys in southern California. Our attorneys will get you the best results and meet all of your legal needs.

Health and Safety Code 11350 HS

(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, 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, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.

(b) Except as otherwise provided in this division, every person who possesses any controlled substance specified in subdivision (e) of Section 11054 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. (c) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a) or (b), the judge may, in addition to any punishment provided for pursuant to subdivision (a) or (b), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of his fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’
s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.

(d) 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.

Health and Safety Code 11351 HS

Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) 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, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.