Understanding Drug Possession Charges in California

Under California Health & Safety Code 11350(a), it is illegal to possess certain controlled substances without a valid prescription. These include drugs such as cocaine, heroin, methamphetamine, LSD, fentanyl, and even prescription medications like oxycodone or Xanax when not lawfully prescribed. Drug possession charges in Los Angeles can range from misdemeanors to felonies, depending on the substance, the quantity involved, and your prior criminal history.

To convict someone of drug possession, prosecutors must prove:

• You unlawfully possessed a controlled substance,
• You knew about the presence of the substance,
• You knew it was a controlled substance, and
• The substance was in a usable amount.

Possession can be “actual” (on your person), “constructive” (in your home, vehicle, or bag), or “joint” (shared with someone else). Even if the drugs weren’t found directly on you, you can still be charged if prosecutors believe you had control or access to them.

While simple possession is often charged as a misdemeanor, certain factors can elevate the charge:

• Prior felony convictions,
• Possession of large quantities,
• Packaging or paraphernalia suggesting intent to sell,
• Proximity to schools or public areas,
• Firearms or other offenses involved in the same arrest.

California offers drug diversion programs for certain first-time offenders, but eligibility depends on the details of your case — and the strength of your defense. An experienced Los Angeles drug possession lawyer can evaluate whether you qualify and advocate for dismissal through treatment-based alternatives. If diversion isn’t an option, we work to challenge weak or circumstantial evidence, suppress illegally obtained searches, and fight for reduced charges or a full dismissal. You don’t have to plead guilty — protect your record and your future by taking the right legal steps from the start.

Common Drug Possession Offenses We Defend

Attorney Hashemi has defend clients charged with a range of drug possession offenses throughout Los Angeles. These arrests often stem from traffic stops, routine searches, or broader investigations — and the details surrounding the stop, seizure, or search are not always as clear-cut as prosecutors claim.

Below are some of the most frequently prosecuted drug charges in Los Angeles, and how they typically arise:

Possession of a Controlled Substance – Health & Safety Code §11350(a)

This is one of the most frequently filed drug charges in Los Angeles. Under HS §11350(a), it’s a crime to possess drugs like heroin, cocaine, LSD, or prescription medications such as oxycodone, Vicodin, or Xanax without a valid prescription. Arrests often occur when pills are found in a purse, glovebox, or apartment — even if they don’t belong to the person charged. If you didn’t knowingly possess the substance, or the search was unlawful, this charge may not hold.

Possession of Methamphetamine – Health & Safety Code §11377

Even a small quantity of meth can result in charges under HS §11377, which criminalizes possession of methamphetamine without a valid prescription. Prosecutors frequently assume intent to sell based on how the drug was stored — especially if baggies or digital scales are present. We often see these charges filed after police search a shared space like a car or hotel room. Our drug possession attorney carefully reviews whether your rights were violated during the search or arrest.

Possession of Marijuana for Sale – Health & Safety Code §11359

Despite legal recreational use, possession of marijuana with intent to sell — without proper licensing — is still a felony under HS §11359. You’re more likely to face this charge if you’re found with more than the personal use limit (28.5 grams of flower or 8 grams of concentrate), especially alongside evidence of sales like separate baggies, Venmo receipts, or large cash amounts. If prosecutors are assuming intent based on quantity alone, we work to challenge that.

Possession of a Controlled Substance While Armed – Health & Safety Code §11370.1

This is a serious felony filed when someone is allegedly caught with drugs and a loaded, operable firearm. Under HS §11370.1, even if the weapon wasn’t in your hands — just “nearby” — prosecutors can pursue mandatory prison time. But proximity alone isn’t always enough. If the gun wasn’t yours, wasn’t loaded, or wasn’t easily accessible, we push back hard on the DA’s assumptions.

Possession of Drug Paraphernalia – Health & Safety Code §11364

Under HS §11364, it’s a misdemeanor to possess items commonly used to ingest or use controlled substances, like glass pipes or syringes. These charges are often filed during traffic stops or probation searches — even when the item is clean, unused, or legally owned. If the object wasn’t drug-related, or it was discovered during an illegal search, this charge may not stand.

Penalties for Drug Possession in California

The consequences for a drug possession conviction in California can vary widely depending on the type of drug, the amount found, and your criminal history. Even if it’s your first offense, a conviction can still leave you with a permanent record that affects your job prospects, professional licenses, housing, immigration status, and more.

Misdemeanor Drug Possession (Simple Possession – HS § 11350(a))

• Up to 1 year in county jail
• A fine of up to $1,000
• Misdemeanor probation
• Mandatory drug counseling or diversion (in some cases)

Felony Drug Possession

Felony charges are less common since Proposition 47 reclassified many drug possession offenses as misdemeanors. However, prosecutors can still pursue felony charges if:

• You have certain prior violent or serious felony convictions
• You are a registered sex offender
• The case involves aggravating factors, such as weapons, children, or gang enhancements

Felony penalties may include:

• 16 months, 2 years, or 3 years in county jail
• Formal felony probation
• Higher fines and longer court supervision
• Immigration consequences for non-citizens

In addition to jail time and fines, a drug possession conviction can also result in:

• Loss of driver’s license
• Mandatory rehabilitation or outpatient treatment
• Community service
• Court-ordered drug testing

Legal Defenses Against Drug Possession Charges

Facing a drug possession charge doesn’t automatically mean you’ll be convicted. With the right defense, many cases can be dismissed, reduced, or diverted out of the criminal system entirely. As a Los Angeles drug possession lawyer, the goal is to uncover the facts and use every available legal strategy to fight the charges — and protect your future.

Here are some of the most effective defenses in California drug possession cases:

Unlawful Search and Seizure

One of the most common issues in drug cases is how the evidence was found. If law enforcement searched your home, vehicle, or even your pockets without a valid warrant or legal cause, any evidence they collected could be thrown out. That often means the entire case may be dismissed.

You Didn’t Know the Drugs Were There

To convict you of possession, the prosecution must prove you knew the substance was there and had control over it. This can be difficult if the drugs were found in a shared space — like a car with multiple passengers, or a roommate’s belongings. If there’s doubt about who the drugs actually belonged to, it’s often possible to challenge the charge altogether.

You Had a Legal Prescription

Possession of prescription drugs is legal — if the prescription is valid and belongs to you. In some cases, people are charged simply for having medication outside the original container or holding pills for a family member. A drug crime lawyer can help gather medical records and documentation to prove there was no criminal intent.

The Substance Was Not an Illegal Drug

Just because something looks like a controlled substance doesn’t mean it is. In some cases, test results show that the seized material wasn’t illegal at all. Until the prosecution can prove the substance was an actual controlled drug under California law, the charge may not stand.

Entrapment or Misconduct by Police

If undercover officers pressured or manipulated someone into taking possession of drugs — especially when they wouldn’t have done so otherwise — that could be considered entrapment. In other situations, police may have used excessive force or violated procedure. Any misconduct may be grounds to get evidence suppressed or charges dropped.

How a Los Angeles Drug Possession Lawyer Can Help

When you’re facing drug possession charges in Los Angeles, the stakes are high — but you’re not powerless. Building a strong defense requires more than just knowing the law. It takes strategy, timing, and a deep understanding of how these cases are prosecuted in California courts.

Our firm approaches each case with the goal of minimizing or eliminating the impact these charges can have on your life. Every case is different, but here are some of the ways we help clients accused of drug possession:

We start by examining the circumstances of the arrest — how the stop occurred, whether a search warrant was valid, or if your rights were violated during the investigation. If the drugs were discovered through an illegal search or seizure, we can fight to suppress that evidence, which may lead to a dismissal of charges.

In many cases, people are arrested for drugs that weren’t theirs — found in a shared vehicle, a friend’s bag, or a house with multiple people present. If there’s a question about who actually possessed the drugs, we raise that issue directly and challenge the prosecution’s version of events.

We also pursue diversion programs or treatment options when appropriate. For many clients — especially first-time offenders — completing one of these programs can lead to a complete dismissal of the case. It’s not always offered automatically, so we push hard to make sure it’s on the table.

Even when the evidence is strong, there are still opportunities to reduce the charges or avoid jail time. That might mean negotiating for a lesser offense, fighting to keep the case in state court instead of federal, or building a mitigation strategy to protect your future.

Attorney Hashemi has represented individuals from all walks of life charged with drug possession offenses throughout Los Angeles County. Whether you’re dealing with a small quantity or a case that’s being exaggerated into a more serious charge, we know what to do next — and we act fast.

Exploring Diversion, Plea Deals, and Alternative Sentencing in Drug Possession Cases

For many people charged with drug possession, the best outcome isn’t always about going to trial — it’s about avoiding jail and protecting your future. Our job as your defense counsel is to identify every option available, including alternatives that can resolve your case through treatment instead of punishment.

Depending on your record and the specific facts of the case, you may qualify for a drug diversion program, deferred entry of judgment, or other forms of alternative sentencing. These programs often allow eligible individuals to complete counseling, treatment, or classes in exchange for having the charges dropped after successful completion.

If you don’t qualify for diversion, we also negotiate with prosecutors for plea agreements that reduce the charge to a lesser offense or minimize the penalties. For example, a felony drug possession case might be reduced to a misdemeanor with no jail time, especially when we can show mitigating circumstances or weaknesses in the evidence.

Whether you’re a first-time offender, struggling with addiction, or simply caught in the wrong place at the wrong time — our focus is finding a solution that protects your future and keeps a conviction off your record whenever possible.

Speak With a Los Angeles Drug Possession Lawyer Today

If you’ve been arrested or are under investigation for drug possession in Los Angeles, now is the time to get answers and protect your future. At The Law Offices of Arash Hashemi, we don’t take a one-size-fits-all approach. Every case — and every client — deserves focused attention and an honest legal strategy.

When you contact our office, Attorney Hashemi will sit down with you personally to review your case, explain what you’re facing, and walk you through your legal options. Whether you’re a first-time offender, someone with prior convictions, or just caught in the wrong place at the wrong time — we’re here to help you make informed decisions from the very start.

Our firm has over two decades of experience handling complex drug-related cases across Los Angeles County. As an experienced drug possession lawyer, Attorney Hashemi understands how these charges affect your job, your immigration status, and your future. From pre-filing investigations to courtroom defense, we’ll be in your corner every step of the way.

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