CA Health & Safety Code 11370.1 HS - Possession of a Controlled Substance While Armed  

In California, most simple possession of a controlled substance is charged as a misdemeanor. Many of these cases do not lead to jail time, and some qualify for diversion programs that may dismiss the charges.

However, if someone is caught with certain illegal drugs and is also armed, the legal consequences become much more severe.

According to California Health & Safety Code 11370.1 HS, possessing a controlled substance while armed with a firearm is classified as a serious felony, carrying potential penalties of up to 4 years in prison, highlighting the law's strict stance on this offense.

What Does the Law Say?

HSC 11370.1 makes it a crime to possess certain controlled substances while also carrying a loaded, operational firearm. Knowing which substances are involved helps you understand the law's scope and your responsibilities.

It is important to note that HSC 11370.1 applies only to the specific types of controlled substances listed in the statute, not all controlled substances. Examples of these include:

  • Substances that include ecstasy, cocaine or cocaine base;
  • Substances that contain heroin;
  • Substances that contain methamphetamine;
  • Liquid, crystallized, or plant-based forms of phencyclidine (PCP);
  • Cigarettes containing PCP;
  • Any substance that contains any combination of the substances listed above.

Under this law, being "armed" means possessing a firearm that is "ready for immediate offensive or defensive use."

What Must Be Proven to Convict?

To achieve a conviction under HS 11370.1, the prosecution must prove beyond a reasonable doubt that you possessed a controlled substance, knew about it, and were armed with a firearm. Understanding these elements can help you feel more informed and prepared. The elements of the crime include:

  • Possession of a Controlled Substance: You had direct constructive possession of a controlled substance. Actual possession involves physical control over the substance, whereas constructive possession means having access to and control over it, even if it's not on your person.
  • Usable Amount: The substance in question was present in a " usable amount," indicating it was more than just traces.
  • Knowledge: You were aware of the substance's existence and its status as a controlled substance.
  • Armed with a Firearm: You were in possession of a loaded, functional firearm while also having a controlled substance. The firearm needed to be easily accessible for immediate use.
  • Knowledge of the Firearm: You were aware that you had a loaded and functional firearm.

During a routine traffic stop, if officers search a vehicle and find a bag with methamphetamine in the glove compartment along with a loaded, functional handgun under the driver's seat, the person can be charged with possession while armed.

What Are the Legal Penalties?

Breaking Health & Safety Code 11370.1 HS is considered a felony in California. A conviction may result in the following penalties:

  • Jail Time: Imprisonment involves serving a state prison sentence of two to four years.
  • Ineligibility for diversion programs: Unlike simple possession cases, a conviction for possession while armed disqualifies you from diversion programs that typically enable first-time offenders to avoid a criminal record through rehabilitation.
  • Losing Firearm Privileges: A conviction under HS 11370.1 will prevent you from owning or possessing firearms in the future.
  • Immigration Consequences: A conviction for a non-citizen could result in deportation.

What are the Potential Defenses?

Despite how serious this crime is, a skilled California criminal defense lawyer can present various defenses to contest a charge under HSC 11370.1. Typical defenses include, but are not limited to:

  • Lack of Knowledge: Arguing that you were unaware of the controlled substance or firearm's presence. This shows your possession was not willful or deliberate.
  • Lack of Possession: Showing that you lacked actual or constructive control over the substance or firearm.
  • Firearm Inoperable: Demonstrating that the firearm was neither functional nor accessible for immediate use at the time of the alleged offense.
  • Illegal Search and Seizure: If law enforcement performs an illegal search or seizure that violates the Fourth Amendment, any evidence gathered may not be accepted in court, potentially resulting in charges being dropped.

Contact the Hedding Law Firm for additional details. Our office is located in Los Angeles.