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California Drug Charges

In California, simple possession under Health & Safety Code §§ 11350 and 11377 is generally a misdemeanor for most defendants — a change made by Proposition 47 (2014). Possession for sale (§ 11351) and transportation/sale (§ 11352) remain felonies. Proposition 64 (2016) legalized adult-use cannabis. Proposition 36 (2024) created a new treatment-mandated felony for repeat hard-drug possession — confirm current statute.

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice, and California’s drug laws have changed repeatedly through ballot measures — confirm the current statute and talk to a California attorney.

How a drug charge is treated in California depends heavily on whether it’s simple possession or possession for sale — and on recent ballot measures.

Simple possession is usually a misdemeanor

Under Health & Safety Code § 11350 (controlled substances) and § 11377 (methamphetamine and similar), simple possession is generally a misdemeanor (up to 1 year in county jail) for most defendants. This reclassification was made by Proposition 47 (2014). There are exceptions — for example, defendants with certain prior “super-strike” or serious/violent felonies, or specified sex-offense registration.

Sale and transportation remain felonies

Possession for sale (§ 11351) and transportation or sale (§ 11352) remain felonies.

Proposition 64 (2016) legalized recreational cannabis for adults 21 and older, including possession of up to 28.5 grams.

New: Proposition 36 treatment-mandated felony

Proposition 36 (2024), effective December 18, 2024, created a new “treatment-mandated felony” for possession of specified hard drugs (such as fentanyl, heroin, cocaine, or meth) by defendants with two or more prior qualifying drug convictions. This is recent and still settling — confirm the current statute before relying on it.

For the bigger picture, see the criminal process or the criminal defense hub. To get matched with a local California attorney, connect with a lawyer.

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Frequently asked questions

Is simple drug possession a felony in California?
Generally no. Under Proposition 47 (2014), simple possession under Health & Safety Code §§ 11350 and 11377 is usually a misdemeanor (up to 1 year county jail) for most defendants. Exceptions apply for certain prior serious/violent felonies or specified sex-offense registration.
What drug offenses are still felonies?
Possession for sale (Health & Safety Code § 11351) and transportation or sale (§ 11352) remain felonies in California.
Is marijuana legal in California?
Yes. Proposition 64 (2016) legalized recreational cannabis for adults 21 and older, including possession of up to 28.5 grams.

Sources

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