Health & Safety Code 11377 is California’s statute for possessing methamphetamine and certain other controlled substances for personal use — the most common drug charge in San Francisco.
Since Proposition 47, simple possession under HS 11377 is a misdemeanor (up to one year in county jail), and it is frequently resolvable without a conviction through diversion or a suppression motion.
What HS 11377 Covers
HS 11377 makes it a crime to possess methamphetamine and a range of other controlled substances without a valid prescription. The closely related statute HS 11350 covers possession of cocaine, heroin, and prescription drugs without a prescription. The two are charged the same way and defended the same way.
Felony or Misdemeanor?
Since Proposition 47 passed in 2014, simple possession for personal use is almost always a misdemeanor. Possession stays a felony only where the drugs were possessed for sale, possessed with a firearm (HS 11370.1), or the person has a 'super-strike' prior (PC 667(e)(2)(C)(iv)) or must register under PC 290. Personal use does not.
Penalties and Collateral Consequences
Misdemeanor possession under HS 11377 carries up to one year in county jail. But jail is rarely the real story. The collateral consequences are: on employment in healthcare, education, finance, and transportation, where drug charges are disqualifying or trigger mandatory reporting; on immigration, where drug convictions are deportable offenses for non-citizens; and on federal student aid and public housing, where a conviction can suspend eligibility. Those consequences are what make a conviction worth avoiding.
Defenses and Ways It Ends Without a Conviction
- Suppress the search (PC 1538.5). Many drug cases turn on the legality of the stop or search. No warrant, no consent, no probable cause — and the evidence comes off the table. Without it, the prosecution usually has no case.
- Judicial diversion (PC 1001.95) — drug possession is a flagship candidate. Complete the court’s conditions and the case is dismissed, with no guilty plea, and a judge can grant it over the District Attorney’s objection.
- Mental health diversion (PC 1001.36) — where a qualifying condition contributed to the offense, treatment-based diversion ends in dismissal.
- Constructive-possession challenges. Drugs in a shared car or a borrowed jacket: the prosecution has to prove the drugs were yours and that you knew they were there.
- Lab and chain-of-custody errors. Was the substance properly tested, weighed, and stored? Crime-lab errors and chain-of-custody breaks both dismantle cases.
What to Do Now
Do not talk to the police, and do not consent to searches of your phone, car, or home. Save the citation and booking paperwork. And get a lawyer before arraignment — the earlier counsel is involved, the more diversion and suppression options stay open. See our drug possession defense page for how we approach these cases.
Frequently Asked Questions
Is HS 11377 a felony or a misdemeanor?
Since Proposition 47 (2014), simple possession of methamphetamine under HS 11377 for personal use is a misdemeanor, punishable by up to one year in county jail. It becomes a felony only when the drugs are possessed for sale, possessed with a firearm (HS 11370.1), or the person has a 'super-strike' prior (PC 667(e)(2)(C)(iv)) or must register under PC 290.
Can an HS 11377 charge be dismissed?
Often. Drug possession is a flagship candidate for judicial diversion under PC 1001.95 — complete the court's conditions and the case is dismissed with no guilty plea, and a judge can grant it over the District Attorney's objection. Mental health diversion under PC 1001.36 is another dismissal route, and if the drugs were found through an unlawful search, a motion to suppress under PC 1538.5 can end the case.
What is the difference between HS 11377 and HS 11350?
HS 11377 covers possession of methamphetamine and similar controlled substances; HS 11350 covers possession of cocaine, heroin, and prescription drugs without a prescription. Both are misdemeanors for personal use under Proposition 47 and are defended the same way.
Does a drug possession conviction affect immigration?
Yes. Drug convictions are deportable offenses for non-citizens, and even simple possession can trigger removal proceedings. That is a central reason to resolve the case without a conviction — through diversion or suppression — rather than pleading to the charge.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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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