Is California Code; HS11377 (A) a Felony or Misdimeanor?

Question by curious-mom: Is California code; HS11377 (A) a felony or misdimeanor?

Best answer:

Answer by probably not
im telling you now, no one will understand this question or answer it…

Add your own answer in the comments!

More Felony Drug Possession Information…

9 Responses to “Is California Code; HS11377 (A) a Felony or Misdimeanor?”

  • insanewidget:

    Possession of a controlled substance? Felony.

  • Coco N:

    11377 HS is possession of “Dangerous drugs” such as PCP, LSD, Ketamine and Methamphetamine. This offense can be a felony or misdemeanor.

  • Julie:

    Misdemeanor, it means that you have the drug but you don’t have enough to be considered a distribute.

  • Watcher111:

    Depending on what you are cought with and the amount it can be either one

  • Kevin W:

    google it, california health and saftey code
    or the penal code then the violation #
    also depends on how many prior’s

  • James:

    HS, 11377(a) Under current CA law this is both a felony and a misdemeanor level offense for dangerous drugs. This offense most likey warrented an arrest. Perhaps the most common drug offense, the HS 11377(A) is referred to as a simple “Possession” case. This type of charge occurs when one is accused of having a controlled substance either on his person or under her dominion and control (eg: backpack, purse, car or apartment). The most common substance is methamphetamine or “meth” or “crystal”. These cases are “wobblers” in that they can be filed as either a misdemeanor or a felony.

    If filed as a misdemeanor the maximum punishment is one year in jail. If the case is filed as a felony the punishment range is 16 months to 3 years in state prison.

    Whether or not a case is initially filed as a felony or a misdemeanor usually depends on two things: 1) the quantity or amount of controlled substance and 2) whether the accused has any prior drug convictions. and overall the officer making the report

  • CD:

    Seemed like a pretty straight forward question. Try this link to look up any California laws, regardless of type:
    http://www.leginfo.ca.gov
    11377(a) H&S (Health and Safety Code) is a misdemeanor.

  • eglonr:

    it’s only a felony if the drag queen weighed over 400 lbs

  • John S:

    James has given you a correct answer. There are many offenses, called “wobblers,” which can be filed as either a felony or a misdemeanor in California, and this is one of them. Police agencies will almost always record a felony arrest (because their stats look better that way), but the prosecutor can file the case as a misdemeanor, it can be reduced to a misdemeanor by the magistrate at a preliminary hearing, it can be reduced to a misdemeanor by a judge at the time of sentencing, or at anytime after sentencing if probation is granted and a state prison sentence is not imposed. (Pen C sec. 17(b).) As James correctly notes, the amount of drugs and the record of the offender will be the two most important considerations in determining whether to file as a felony, or reduce to a misdemeanor.