Personal possession
HS §§11350 and 11377 govern different covered substances. Many ordinary possession allegations are misdemeanors; lawful prescriptions, statutory exceptions and qualifying priors must be considered.

California Health & Safety Code / Drug charges
A drug arrest can involve personal possession, possession for sale, transportation, manufacturing or a qualifying repeat-possession allegation. The substance, alleged conduct, criminal history, enhancements and county determine the release process. Simple possession is not the same as a sales or trafficking accusation.
Not every drug arrest requires a commercial bail bond. Start with the exact booking and court record, then check the release procedure that applies.
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01 / Overview
The statute matters more than the label.
“Drug charge” describes many different allegations. The law distinguishes which substance was involved, what the person allegedly did and whether a special offense or enhancement was charged. An arrest is not proof of guilt, and a felony label alone does not establish that financial bail is required.
HS §§11350 and 11377 govern different covered substances. Many ordinary possession allegations are misdemeanors; lawful prescriptions, statutory exceptions and qualifying priors must be considered.
Possession for sale requires alleged intent to sell. Sales and transportation-for-sale provisions cover distinct conduct. Quantity alone does not automatically establish that intent.
Production processes, possession while armed and an adult involving a minor have separate legal elements. Each can have different pre-arraignment treatment.
A qualifying HS §11395 allegation has a treatment-mandated felony process. Weight enhancements, other counts and court orders can separately affect release.
Compare felony release and misdemeanor procedures using the actual filing. A source-of-bail hold is a separate court-controlled question, not an automatic consequence of every drug charge.
Start with the record: official custody tools · jail and detention resources · court resources · bail and booking resources. Browse every guide in the bail bond services directory.
02 / California drug laws
Different substances. Different conduct. Different legal elements.
A / Simple possession
Start with the substance and the statutory exceptions, not an assumed sales allegation.
HSC §11350
HSC §11377
B / Possession for sale
Sale intent must be established. A large quantity is not an automatic legal finding of intent to sell.
HSC §11351
HSC §11351.5
HSC §11378
C / Transportation & sales
The drug lists and forms of prohibited conduct are specific to each section.
HSC §11352
HSC §11379
D / Manufacturing & special offenses
A production process, an armed-possession allegation or the involvement of a minor cannot be assumed from ordinary possession.
HSC §11379.6
HSC §11370.1
HSC §11353
E / Enhancements & repeat possession
These provisions require their own statutory conditions. Proposition 36 did not turn every possession case into a felony.
HSC §11370.4
HSC §11395
03 / Possession vs. sales
Evidence of intent is not the same as drug weight.
The prosecutor must prove the elements of the charge. Packaging, communications, cash, quantity and other circumstances may be relevant, but no single generic description replaces the statutory analysis. The comparisons below use LA County protocol examples, not statewide promises.
The exact substance, evidence, filing and current court order control. This guide does not decide whether a particular person is guilty or qualifies for release or treatment.
04 / Proposition 36
A conditional treatment pathway, not an automatic outcome.
California government Proposition 36 guidance
View official resource: California government Proposition 36 guidance (opens in a new tab)Check the substance, charging document and qualifying prior convictions with defense counsel.
The court considers the booking and release conditions before release; treatment eligibility is a separate decision.
If the statutory route is elected and available, assessment informs a court-approved plan and supervision.
Successful completion supports statutory dismissal; noncompletion can return the matter to criminal proceedings.
Set Free does not provide legal representation, make treatment eligibility decisions or supply treatment. Ask a criminal defense attorney about HS §11395 and PC §1000 in the specific case.
05 / Verified LA County entries
The release designation is not a statewide price.
These are actual 2026 Los Angeles County pre-arraignment entries, effective January 1, 2026. Many listed drug allegations use CR, BR or MR rather than a financial amount. Serious allegations and applicable enhancements can require money bail. Check the complete protocol and current court order.
Eligible citation release on a promise to appear. Statutory and protocol exceptions apply.
Eligible booking followed by release on a written promise to appear. Other charges and holds may prevent release.
A magistrate decides release and conditions. The protocol treats eligible MR offenses as nonfinancial ($0), subject to exceptions; MR is not an automatic $0 financial-bail order or a guarantee of release.
A specified financial condition for the listed allegation. Not a quote for a bail bond premium.
| Charge or circumstance | Statute | Context | LA pre-arraignment | Amount | What happens next | Source |
|---|---|---|---|---|---|---|
| Standard possession of specified controlled substances | HS §11350 | Misdemeanor · LA County | CR | Nonfinancial protocol | Eligible citation release; verify the covered substance, exceptions and other counts. | Misdemeanor schedule, p. 11 (opens in a new tab) |
| Possession of specified controlled substances with qualifying prior conviction(s) | HS §11350 | Felony · LA County | BR | Nonfinancial protocol | Separate felony-schedule circumstance; do not substitute the standard misdemeanor CR entry. | Felony schedule, p. 25 (opens in a new tab) |
| Standard controlled-substance possession | HS §11377 | Misdemeanor · LA County | CR | Nonfinancial protocol | Eligible citation release; statutory and protocol exceptions can change the route. | Misdemeanor schedule, p. 11 (opens in a new tab) |
| Possession of controlled substances with qualifying prior conviction(s) | HS §11377 | Felony · LA County | MR | Judicial review — no fixed financial amount | Separate felony-schedule circumstance; a magistrate reviews release and conditions. | Felony schedule, p. 26 (opens in a new tab) |
| Possession or purchase for sale | HS §11351 | Felony · LA County | BR | Nonfinancial protocol | Booking and written promise to appear, if the person qualifies under the complete protocol. | Felony schedule, p. 25 (opens in a new tab) |
| Cocaine base possessed or purchased for sale | HS §11351.5 | Felony · LA County | BR | Nonfinancial protocol | Verify all booked counts and any applicable enhancement. | Felony schedule, p. 25 (opens in a new tab) |
| Charge or circumstance | Statute | Context | LA pre-arraignment | Amount | What happens next | Source |
|---|---|---|---|---|---|---|
| Covered sale or transportation for sale | HS §11352 | Felony · LA County | BR | Nonfinancial protocol | Not a promise of release; separate charges or financial enhancements may control. | Felony schedule, p. 25 (opens in a new tab) |
| Covered possession for sale | HS §11378 | Felony · LA County | BR | Nonfinancial protocol | Supervision status and qualifying failures to appear can require magistrate review. | Felony schedule, p. 26 (opens in a new tab) |
| Covered sale or transportation for sale | HS §11379 | Felony · LA County | BR | Nonfinancial protocol | Confirm the specific allegation and whether any exception applies. | Felony schedule, p. 26 (opens in a new tab) |
| Qualifying hard-drug possession with listed priors | HS §11395 | Felony · LA County | MR | Judicial review — no fixed financial amount | Statutory judicial review before release; conditions and treatment are separate questions. | Felony schedule, p. 27 (opens in a new tab) |
| Specified possession while armed with a loaded firearm | HS §11370.1 | Felony · LA County | MR | Judicial review — no fixed financial amount | Magistrate review; an applicable additional financial charge or enhancement may change the route. | Felony schedule, p. 26 (opens in a new tab) |
| Manufacture of a controlled substance | HS §11379.6 | Felony · LA County | MR | Judicial review — no fixed financial amount | Magistrate reviews the available facts and release conditions; no automatic release. | Felony schedule, p. 26 (opens in a new tab) |
| Adult using a minor in specified drug activity / furnishing to a minor — Up to 1 kilogram | HS §11353 | Felony · serious allegation | $ | $50,000 | HS §11353 circumstance only. Not ordinary possession; verify the quantity tier and any other counts. | Felony schedule, p. 25 (opens in a new tab) |
| Adult using a minor in specified drug activity / furnishing to a minor — If over 1 kilogram | HS §11353 | Felony · serious allegation | $ | $100,000 | HS §11353 circumstance only. Not ordinary possession; verify the quantity tier and any other counts. | Felony schedule, p. 25 (opens in a new tab) |
| Adult using a minor in specified drug activity / furnishing to a minor — If over 4 kilograms | HS §11353 | Felony · serious allegation | $ | $250,000 | HS §11353 circumstance only. Not ordinary possession; verify the quantity tier and any other counts. | Felony schedule, p. 25 (opens in a new tab) |
| Adult using a minor in specified drug activity / furnishing to a minor — If over 10 kilograms | HS §11353 | Felony · serious allegation | $ | $500,000 | HS §11353 circumstance only. Not ordinary possession; verify the quantity tier and any other counts. | Felony schedule, p. 25 (opens in a new tab) |
| Adult using a minor in specified drug activity / furnishing to a minor — If over 20 kilograms | HS §11353 | Felony · serious allegation | $ | $1,000,000 | HS §11353 circumstance only. Not ordinary possession; verify the quantity tier and any other counts. | Felony schedule, p. 25 (opens in a new tab) |
| Adult using a minor in specified drug activity / furnishing to a minor — If over 40 kilograms | HS §11353 | Felony · serious allegation | $ | $2,000,000 | HS §11353 circumstance only. Not ordinary possession; verify the quantity tier and any other counts. | Felony schedule, p. 25 (opens in a new tab) |
| Adult using a minor in specified drug activity / furnishing to a minor — If over 80 kilograms | HS §11353 | Felony · serious allegation | $ | $5,000,000 | HS §11353 circumstance only. Not ordinary possession; verify the quantity tier and any other counts. | Felony schedule, p. 25 (opens in a new tab) |
Not sure what the drug charge means for release?
LA County / Pre-arraignment protocol
Local rules—not a California-wide comparison.
California counties have different schedules and release procedures. These verified Los Angeles County entries cannot establish a bond price or release route elsewhere.
Los Angeles County 2026 Felony Bail Schedule · Effective January 1, 2026.
View court schedule: Los Angeles County 2026 Felony Bail Schedule (opens in a new tab)For another county, consult that Superior Court’s current schedule and order. No other county amount or service coverage is asserted here.
06 / Bond costs
Court-set bail, premium and payment terms are different numbers.
The financial security the court requires for appearance. If the person is released under a qualifying nonfinancial protocol, a commercial bond may not be necessary.
The fee for a surety bond securing the full bail amount. The surety’s rate filed with the California Department of Insurance and the signed contract govern; the premium is generally not refunded.
An amount paid at signing toward the premium, if an approved written agreement permits it. This page does not promise a particular down payment.
A payment plan spreads the unpaid premium, not the court’s entire bail amount. Ask about the written balance, due dates and any applicable terms; approval is not guaranteed.
Property or other security may be requested. Understand how it is held, when it is released and any obligations still outstanding; do not assume every agreement is collateral-free.
An indemnitor can be responsible for expenses and the full bond amount if the defendant does not appear, under the agreement. Read every obligation before signing.
07 / Holds & enhancements
A bond cannot bypass a court restriction.
A drug accusation does not automatically create a source-of-funds hold. The statutory process requires probable cause to believe the proposed bail security was feloniously obtained, followed by the required court determination.
An armed-possession offense has its own elements and MR entry. A weight enhancement must be legally applicable and actually alleged; a financial enhancement can alter a nonfinancial protocol.
For a qualifying treatment-mandated felony allegation, judicial review must occur before release. Paying a premium cannot replace that requirement.
A warrant has its own order and release terms. Resolving the new drug count may not resolve an older case.
Felony probation, parole or PRCS can trigger magistrate review and a separate custody matter.
The strictest applicable protocol or financial condition can control when counts have different designations.
Proposition 36 added fentanyl-related weight-enhancement provisions to §11370.4. Do not apply another drug’s thresholds without checking the exact current text.
Release can require compliance with nonfinancial conditions and every court appearance. Only the court can modify its orders.
A defense attorney should assess the underlying statute, alleged enhancement and any challenge to the hold.
No firearm, warrant, enhancement or source-of-funds hold is assumed to exist in every drug case. Each must be checked against the actual record.
07B / Court authority
Verify the order before arranging a bond.
PC §1275.1
When the statutory probable-cause process is invoked, release cannot be secured with money or property the court finds was feloniously obtained. The hearing addresses the actual proposed security.
The defendant bears the statutory burden at the hearing to establish that the proposed bail funds were not feloniously obtained. A bond agent cannot remove this restriction.
PC §1269b
Superior Court judges adopt county bail schedules; subdivision (e) addresses bail treatment for specified sentencing enhancements.
Use the applicable schedule and enhancement rules, not a generic drug bail amount.
PC §1275
The court considers public and victim safety, the seriousness of the alleged offense, criminal history and probability of appearing.
Release decisions remain judicial decisions even when a booking has a protocol designation.
PC §1318
Own-recognizance release requires the statutory agreement to appear and comply with applicable conditions.
Nonfinancial release still creates enforceable court obligations.
Constitutional framework
The California Supreme Court requires consideration of ability to pay and less restrictive conditions before unaffordable financial bail results in detention. The decision does not guarantee release or erase valid statutory restrictions.
08 / Release options
Check the release route before the cost.
An eligible standard misdemeanor §11377 booking may use CR. The person promises to appear; verify exceptions and any separate counts.
No bond for qualifying releaseListed §11351, §11352, §11378 or §11379 bookings may use BR when the entire protocol permits it. Booking occurs before release on a promise to appear.
No bond for qualifying releaseFor §11395, §11370.1 or §11379.6, a magistrate reviews release and conditions. Review can lead to conditional release or deferral to arraignment.
Judicial decision firstA serious §11353 allegation, financial enhancement or court order may require financial security. A surety bond may be an option if the person is otherwise eligible for release.
Financial bail requiredA warrant, supervision matter, source-of-funds restriction or other count can prevent release despite resolving bail on the drug charge.
A bond may not resolve custodyCheck the actual booking and court record. No automated eligibility decision is made here, and neither release nor its timing is guaranteed.
Get bail help09 / After arrest
Five stages. No promised release time.
The statute, enhancements, judicial-review requirements and facility processing shape the sequence. Treatment decisions and case defenses belong with counsel and the court.
The facility records the alleged Health and Safety Code sections, other counts and any asserted enhancements. The booking allegation is not a conviction.
Confirm the person, facility and booking through official custody tools. Check the exact code sections and current court record, not only the generic drug label.
Determine whether CR, BR, MR or financial conditions apply, including exceptions. For HS §11395, judicial review must precede release.
If financial bail is required and a bond is appropriate, review the filed premium, payment agreement, collateral and co-signer obligations before signing.
If a bond is posted, the facility still processes release and checks holds. The defendant must appear in court and obey conditions; no release time is promised.
10 / Local resources
Find the person. Find the court.
Locate a booking through official custody tools before relying on an assumed facility or charge.
Review facility-specific information and official custody references; location does not establish the court assignment.
Find official court resources for arraignment and later proceedings; verify the assigned case location.
Browse the published geographic directory without assuming service coverage from a legal schedule example.
Explore the service directory and distinguish a release inquiry from financial-bail arrangements.
Research booking, costs and court obligations alongside the exact drug-charge information in this guide.
Sources
Exact statute sections and primary government references.
Government sources are linked for reference only and do not endorse Set Free Bail Bonds.
Superior Court of Los Angeles County
Effective January 1, 2026. Protocol pp. 5–9; HS §§11350–11353 p. 25; §§11370.1, 11377–11379.6 p. 26; §11395 p. 27.
Superior Court of Los Angeles County
Effective January 1, 2026. Standard misdemeanor §§11350 and 11377, and §11395 designations p. 11.
California Legislative Information
Generally a misdemeanor; specified serious-prior or registration circumstances can permit felony punishment. A qualifying HS 11395 allegation is a distinct path. Read the complete statutory text, exceptions and definitions.
California Legislative Information
Generally a misdemeanor, with statutory felony exceptions; §11395 may separately apply when all of its conditions are met. Read the complete statutory text, exceptions and definitions.
California Legislative Information
Felony. Read the complete statutory text, exceptions and definitions.
California Legislative Information
Felony. Read the complete statutory text, exceptions and definitions.
California Legislative Information
Felony. Read the complete statutory text, exceptions and definitions.
California Legislative Information
Felony. Read the complete statutory text, exceptions and definitions.
California Legislative Information
Felony. Read the complete statutory text, exceptions and definitions.
California Legislative Information
Felony. Read the complete statutory text, exceptions and definitions.
California Legislative Information
Felony; the provision contains specific restrictions on diversion or deferred entry procedures. Read the complete statutory text, exceptions and definitions.
California Legislative Information
Felony; the LA schedule marks the listed circumstance serious under PC §1192.7(c)(24). Read the complete statutory text, exceptions and definitions.
California Legislative Information
Sentencing enhancement, not a standalone possession offense. Read the complete statutory text, exceptions and definitions.
California Legislative Information
Felony with a court-supervised treatment route when the statutory conditions are satisfied. Read the complete statutory text, exceptions and definitions.
California Legislative Information
Probable cause, burden of proof and court determination concerning allegedly feloniously obtained bail security.
California Legislative Information
A separate eligibility and diversion procedure, not interchangeable with HS §11395.
California Department of Justice
December 13, 2024 bulletin. HS §11395 release review, treatment election and conditional dismissal on pp. 4–5.
California Secretary of State
HS §11395 text on printed pp. 129–131: priors, treatment process, hard-drug definition and judicial review. Compare with the current code for later changes.
Judicial Council of California
March 2026 report covering January–December 2025. County implementation and reporting limitations—not a treatment-eligibility ruling or statewide success rate.
California Department of Insurance
Premiums, collateral, contracts and consumer safeguards.
12 / Questions
Straight answers, honest limits.
Content updated November 2, 2026. General information, not legal advice.
No. Some eligible bookings use citation or booking-and-release protocols without a commercial bond. Others require judicial review, financial conditions or resolution of a separate hold. The exact allegation, county and current court order matter more than the generic drug charge label.
They cover different statutory substance lists. Both commonly govern personal possession, generally as misdemeanors with important exceptions. The drug identity, authorization such as a valid prescription, and any qualifying felony provision must be checked rather than choosing a section from the name alone.
Possession-for-sale allegations require intent to sell in addition to covered possession. Investigators may rely on several types of evidence, but quantity alone does not automatically prove intent. HS §§11351, 11351.5 and 11378 are distinct from ordinary possession sections.
The 2026 standard misdemeanor HS §11377 entry is CR, a qualifying nonfinancial route rather than a universal financial amount. Felony §11377 with qualifying priors is MR, and HS §11395 also requires review. Additional charges, enhancements and holds can change the outcome.
LA County’s 2026 felony schedule lists BR for HS §§11351, 11352, 11378 and 11379. That is not guaranteed release and does not override exceptions or financial enhancements. Serious adult/minor allegations under HS §11353 instead have specified quantity-based financial entries, starting at $50,000 up to one kilogram.
For an eligible BR booking, the person is booked and released on a written promise to appear. A person with a separate financial count, applicable enhancement, supervision issue or other restriction may have a different route. Verify the whole booking rather than only one BR entry.
MR refers the release decision to a magistrate. LA County’s protocol treats eligible MR offenses as nonfinancial, subject to exceptions, but review can result in conditions or deferral until arraignment. It is not an automatic $0 financial-bail order or guaranteed immediate release.
Effective December 18, 2024, it changed several theft and drug provisions, including HS §11395’s treatment-mandated felony process and fentanyl-related enhancements. It is distinct from the earlier Proposition 36 drug-treatment initiative, and its effect depends on the actual statutory allegation.
It concerns qualifying hard-drug possession with at least two listed prior convictions under the statutory conditions. Priors must be alleged and admitted or established. The court-supervised treatment route involves statutory procedures and compliance; two prior convictions do not automatically mean every later drug case is charged this way.
Yes. The statute requires judicial review, and the 2026 LA County schedules list MR for this allegation. Release conditions and the separate treatment process are decisions for the court; arranging a bond does not replace the review.
It is a statutory restriction concerning probable cause to believe proposed bail money or property was feloniously obtained. The court determines whether the proposed security meets the law after the required process. A drug accusation by itself does not automatically create this hold.
A bond may not secure release until the applicable hold is resolved or the court permits the proposed security. Separate warrants or supervision matters can also keep the person in custody. A bail agent cannot bypass the court’s restriction or promise that posting on one case resolves another.
A legally applicable enhancement can change the protocol or require a financial condition. HS §11370.4 has substance-specific requirements, including fentanyl-related changes under Proposition 36. Do not assume a threshold or add an amount without verifying the underlying charge, alleged enhancement and current schedule.
Sometimes. Eligible CR or BR bookings can be released under the protocol, MR bookings require review, and specified financial allegations may be resolved by posting authorized security. Exceptions and holds can prevent that route, and the arraignment court is not bound by the earlier protocol decision.
Use the existing form to provide the defendant’s full name, the arrest city or county and your contact information. A date of birth or approximate age is optional but can help distinguish people with similar names. A booking number or complete legal assessment is not required to begin; the actual custody and court record still needs verification.
Freedom starts here.
Tell us who needs help and where the arrest occurred. The next question is which release procedure applies—not an assumed bond price. Legal defenses and treatment decisions belong with counsel and the court.