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Most simple possession cases in San Francisco end without a conviction. The path matters. It starts now.
Since Proposition 47 passed in 2014, simple possession for personal use is almost always a misdemeanor. The five statutes that show up most often in San Francisco arrests:
HS 11377 — Possession of methamphetamine. The most common San Francisco drug charge. Misdemeanor. Up to one year in county jail.
HS 11350 — Possession of cocaine, heroin, or prescription pills without a prescription. Misdemeanor for personal use under Prop 47. Same maximum.
HS 11357 — Possession of cannabis on school grounds or by someone underage. For adults 21 and older, possessing a legal amount of cannabis is otherwise lawful, and HS 11357 has no rule about carrying it in a vehicle — that is a separate infraction under Vehicle Code § 23222(b) for an unsealed container or loose flower in the passenger area (legal if sealed or kept in the trunk).
HS 11364 — Possession of drug paraphernalia. A pipe, a needle, a spoon — charged on its own or stacked on top of a possession count. Misdemeanor. Six months maximum.
HS 11532 — Loitering with intent to commit a controlled-substance offense. Chiefly sale, transport, or possession-for-sale, shown by dealer-type conduct such as flagging down passersby, exchanging small objects for cash, or acting as a look-out. Misdemeanor. Used heavily in San Francisco's open-air drug market enforcement. Not the statute for being under the influence (HS 11550) or public intoxication (PC 647(f)).
The exceptions where drugs are still felonies: possession for sale, possession with a firearm (HS 11370.1), or possession by someone with a 'super-strike' prior (PC 667(e)(2)(C)(iv)) or a PC 290 registration requirement. Those facts change the calculus. Personal use does not.
Many drug cases turn on the legality of the stop or the search. No warrant. No consent. No probable cause. If the police found the drugs through an unlawful search, a motion to suppress under PC 1538.5 takes the evidence off the table — and without the evidence, the prosecution has no case.
Drug possession is a flagship candidate for judicial misdemeanor diversion under PC 1001.95. Complete the conditions the court tailors to the case — alternatives to incarceration the lawyer negotiates — and the case is dismissed. No guilty plea required. The judge can grant over the District Attorney's objection.
Substance use is rarely the whole story. Anxiety, depression, PTSD, bipolar disorder — if a qualifying mental health condition contributed to the offense, treatment-based diversion ends in dismissal too. ASH Legal regularly works with social workers funded through BASF-IDA to build the evaluation record.
Drugs found in a shared car. A bag passed around. A jacket borrowed an hour earlier. The prosecution has to prove the drugs were yours — that you knew they were there and exercised control. That's harder than it sounds.
Was the substance properly tested? Properly weighed? Properly stored? Crime lab errors happen. So do chain-of-custody breaks. Both can dismantle the case.
Do not talk to the police. Anything you say is an admission. The right to remain silent is the most important right you have.
Do not consent to additional searches. Phone. Car. Home. Say no. Politely. Clearly. On the record.
Save everything. The citation, the booking paperwork, the names of the officers, anything they handed you. It all matters later.
Call a lawyer before arraignment. The earlier I’m involved, the more options stay on the table.
Read more: What to Do After a Drug Possession Arrest in San Francisco.
The specific statute charged, and how the drugs were found, drive most of the strategy. Deeper reading on both:
Yes, almost always — since Prop 47 (2014), simple possession for personal use is a misdemeanor: HS 11377 (meth), HS 11350 (cocaine/heroin/pills), HS 11357 (cannabis in a prohibited place), and HS 11364 (paraphernalia) each cap at a year in county jail. It flips to a felony only on for-sale facts, a firearm enhancement, or a qualifying prior — see the charge breakdown above for specifics.
Yes. Drug possession is a flagship candidate for judicial misdemeanor diversion under PC 1001.95: complete the conditions the court sets and the case is dismissed, with no guilty plea required, and a judge can grant it over the District Attorney's objection. Mental health diversion under PC 1001.36 is another treatment-based route that ends in dismissal where a qualifying condition contributed to the offense.
Often. Many drug cases turn on the legality of the stop or search. If police found the drugs with no warrant, no consent, and no probable cause, a motion to suppress under PC 1538.5 can take the evidence off the table — and without the evidence, the prosecution usually has no case.
Drug convictions are deportable offenses for non-citizens, and even simple possession can trigger removal proceedings. That is one reason resolving the case without a conviction — through diversion or suppression — matters so much.
Say nothing and consent to nothing beyond identifying yourself. The single biggest lever isn’t what you say at the scene — it’s how early a lawyer gets involved, since both suppression motions and diversion enrollment work best when raised before arraignment, not after. Full walkthrough: What to Do After a Drug Possession Arrest.
Arraignment through resolution. Suppression motions, diversion enrollment, every court appearance, direct attorney communication. One fee.
Schedule Free Consultation(510) 545-6515 · ahmed@ashlegal.com
About the Author
Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.