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What is criminal code HS 11377 (A)

California |
Attorney answers 3


Health & Safety Code 11377 makes it illegal to possess certain drugs, including methamphetamine. It is a "wobbler," which means it can be charged as a misdemeanor (maximum punishment: 1 year in jail) or a felony (with a potential three-year state prison sentence).



how do you know if it was charged as a misdemeanor or felony


If you or someone you know is charged with this crime you may be eligible for certain drug programs, such as Deferred Entry of Judgment (DEJ), or Prop 36. Both involve the completion of drug classes to earn a dismissal.

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California Health and Safety Code Section 11377 (a) is:

(a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4)
specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year or in the state prison.