Is Being Under the Influence of Drugs a Crime in California? Health and Safety Code 11550 Explained
The short answer: yes. Health and Safety Code section 11550 makes it a misdemeanor to use, or to be under the influence of, a controlled substance such as methamphetamine, heroin, fentanyl, cocaine, or a prescription opioid without a valid prescription. No drugs need to be found on you. The charge is built on an officer's observations, your statements, and often a blood or urine test, which means it is also one of the most defensible drug charges in California when the detention, the symptoms, or the lab work are challenged. Many first-time cases in Victorville, San Bernardino, Riverside, and Los Angeles County are resolved through diversion programs that end in dismissal, as long as you do not talk your way into a conviction first. This guide explains what the prosecutor must prove, the defenses that work, the penalties, and how a criminal defense lawyer approaches these cases.
What Health and Safety Code 11550 Actually Prohibits
Two ways to violate the statute. Health and Safety Code section 11550 is written in the alternative: it is a crime to use a listed controlled substance, and it is a separate way of violating the same statute to be under the influence of one. The listed substances include most drugs in the schedules found in Health and Safety Code section 11054 and Health and Safety Code section 11055, including methamphetamine, cocaine, heroin, fentanyl, PCP, and many prescription opioids and sedatives, along with any narcotic drug. The statute does not apply when the substance was administered by, or taken under the direction of, a licensed medical provider, which is why a valid prescription is a complete defense.
Marijuana is not covered. Cannabis is regulated separately, and being under the influence of marijuana is not a violation of Health and Safety Code section 11550, although driving under the influence of marijuana is a separate offense under Vehicle Code section 23152, subdivision (f). See DUI for Marijuana or Drugs Under Vehicle Code 23152(f) for how those cases differ. Alcohol is likewise not a controlled substance, so a person who is drunk in public is charged, if at all, under Penal Code section 647, subdivision (f), which we cover in Public Intoxication Under Penal Code 647(f).
How these arrests usually happen. The typical 11550 case starts with something else: a traffic stop on Interstate 15 near Victorville or Barstow, a trespassing call at a gas station in Hesperia, a welfare check in a parking lot in San Bernardino, or a domestic disturbance in Riverside. The officer notices dilated or constricted pupils, rapid speech, sweating, track marks, or an inability to stand still, asks whether you have used anything, and then either arrests you or asks you to submit to a drug recognition evaluation and a urine or blood test. The charge is often filed alongside possession under Health and Safety Code section 11377 or Health and Safety Code section 11350 and paraphernalia under Health and Safety Code section 11364.
What the Prosecutor Must Prove Beyond a Reasonable Doubt
The elements. To convict you of being under the influence, the prosecutor must prove (1) you willfully used or were under the influence of a controlled substance, (2) the substance is one covered by Health and Safety Code section 11550, and (3) the use or influence was not under the direction of a person licensed to administer it. California jury instructions describe being under the influence as having taken a controlled substance that has appreciably affected the nervous system, brain, or muscles, or has created a detectable abnormal mental or physical condition. The influence does not have to rise to the level of impairment required for a DUI, which makes the officer's description of your symptoms the heart of the case.
The usual proof. Prosecutors in the Inland Empire and Los Angeles County typically rely on a trained officer or drug recognition expert who testifies to the pupil size, pulse, blood pressure, muscle tone, and behavior observed, and who gives an opinion that those signs are consistent with a particular drug class. A urine or blood test showing the drug or its metabolites corroborates the opinion, but a positive test alone shows past use, not necessarily current influence, because metabolites of some drugs remain for days. Your own admission that you used, which officers are trained to ask for before any arrest, is frequently the single most important piece of evidence.
The use prong and timing. When the prosecutor proceeds on the theory that you used a controlled substance rather than that you were under its influence at the scene, the use must be reasonably current, not use from weeks earlier revealed by a test. Courts have required the use to be close in time to the arrest for the statute to apply, which gives the defense an argument whenever the only evidence is a lab result and an admission to use at some unspecified earlier time. Every statement you made about when you last used will be parsed for exactly this purpose.
Defenses That Work in 11550 Cases
The stop or detention was unlawful. Most of these cases begin with a detention, and if the officer lacked reasonable suspicion to stop you or prolonged a traffic stop to investigate drug use without cause, the observations, the admission, and the test can be suppressed under Penal Code section 1538.5. Under Rodriguez v. United States (2015) 575 U.S. 348, police may not extend a completed traffic stop to conduct unrelated investigation without independent reasonable suspicion. We explain the motion in What Is a 1538.5 Motion and When Can You File One? and vehicle stops in Can Police Search Your Car in California?.
You were not under the influence. Dilated pupils, sweating, rapid pulse, and agitation are also symptoms of anxiety, lack of sleep, diabetes, thyroid conditions, stimulant medication, caffeine, and being stopped by the police at night. A defense expert or a thorough cross-examination of the officer about the evaluation protocol, the lighting, the timing, and the alternative explanations can leave the jury with reasonable doubt, particularly when no test was taken or the test came back negative or inconclusive.
The test does not prove current influence. A urine screen shows metabolites that can persist for days after use, and the lab's cutoff levels, chain of custody, and confirmation testing are all open to challenge. When the test is the only objective evidence, the defense argument is simple: the test proves something happened at some point, not that you were under the influence when the officer stopped you. Lab discovery under Penal Code section 1054.1 should always be requested.
You had a valid prescription or were being treated. Health and Safety Code section 11550 excludes use administered by or under the direction of a licensed practitioner, so a current prescription for the opioid, benzodiazepine, or stimulant found in your system is a complete defense, provided you were using it as prescribed. Pharmacy records and a short letter from the prescriber usually resolve these cases before the first pretrial conference.
Your statements should not come in. If you were in custody and questioned without warnings, or if you invoked your right to counsel and the questioning continued, your admissions to using can be suppressed under Miranda v. Arizona (1966) 384 U.S. 436. Officers often ask the use question during what they describe as a consensual encounter precisely to avoid Miranda, and the line between a consensual conversation and a custodial interrogation is a frequent litigation point. Read Do Not Say This to Police in California before your next encounter.
Penalties for Health and Safety Code 11550
Misdemeanor exposure. A violation of Health and Safety Code section 11550 is a misdemeanor punishable by up to one year in county jail, and the court may grant probation with conditions that include drug treatment, testing, and search terms. Subdivision (e) of the statute creates a separate offense, chargeable as a felony or a misdemeanor, for being under the influence while in immediate personal possession of a loaded, operable firearm. See Misdemeanor vs. Felony in California: What Is the Difference? for how the two tracks differ and How Does Probation Work in California? for what probation terms look like.
What a realistic first-offense outcome looks like. In practice, a first-time 11550 charge with no violence and no firearm rarely results in jail for a defendant who engages with treatment, and prosecutors in Riverside County, San Bernardino County, and Los Angeles County routinely agree to diversion or to a plea with a treatment condition. The sentencing picture changes quickly with priors, a companion possession-for-sale charge, or a probation violation. Our article How Sentencing Works in California Criminal Court explains how judges weigh those factors.
Diversion Programs That Can End in Dismissal
Deferred entry of judgment under Penal Code 1000. Health and Safety Code section 11550 is one of the offenses eligible for pretrial diversion under Penal Code section 1000, which allows an eligible defendant with no recent drug priors and no violence to complete a treatment program and have the charge dismissed without a conviction. Since the 2018 amendments, the program no longer requires a guilty plea, which matters enormously for non-citizens. We cover eligibility and the program in PC 1000 Drug Diversion in California.
Misdemeanor diversion under Penal Code 1001.95. A judge can also grant diversion over the prosecutor's objection under Penal Code section 1001.95 for most misdemeanors, including this one, for up to 24 months with conditions the judge sets. If you complete the program, the arrest is deemed never to have occurred for most purposes. See Misdemeanor Diversion Under Penal Code 1001.95. Mental health diversion under Penal Code section 1001.36 applies when a qualifying mental health diagnosis contributed to the offense, which is common where drug use is self-medication, and military diversion under Penal Code section 1001.80 is available to current and former service members, including those at Fort Irwin and the Marine Corps base at Twentynine Palms.
Why diversion must be set up correctly. Each program has its own eligibility rules, and the choice between them affects whether you plead, what happens if you fail, and how the record reads afterward. A conviction that follows a failed diversion can later be dismissed under Penal Code section 1203.4 using form CR-180, but a dismissal is not as clean as diversion. See How to Expunge a Criminal Record in California and How to Seal an Arrest Record Under Penal Code 851.91.
Collateral Consequences of an Under the Influence Conviction
Immigration. A conviction for any offense relating to a federally controlled substance is a ground of deportability and inadmissibility, and a plea to Health and Safety Code section 11550 that names a federally scheduled drug is treated as a controlled substance offense. Because California's schedules include substances not on the federal list, the identity of the substance in the plea can be decisive under cases like Mellouli v. Lynch (2015) 575 U.S. 798, and the DA must consider immigration consequences under Penal Code section 1016.3. No-plea diversion is usually the safest path. Read Can a Criminal Conviction Get You Deported?.
Driver's license, firearms, and employment. A court may suspend driving privileges for a controlled substance conviction connected to the use of a vehicle under Vehicle Code section 13202, so a stop on the freeway near Hesperia or Rancho Cucamonga carries license risk even without a DUI charge. Federal law bars an unlawful user of a controlled substance from possessing firearms under 18 U.S.C. section 922(g)(3), and licensing boards for nurses, teachers, commercial drivers, and security guards treat drug convictions as reportable. A probation search condition, which is standard in these cases, also means you can be searched without a warrant for the length of probation.
Where These Cases Are Heard in Southern California
San Bernardino County. Arrests in Victorville, Hesperia, Apple Valley, and Adelanto are generally heard at the Victorville courthouse, Barstow and Fort Irwin cases at the Barstow courthouse, and cases from the city of San Bernardino, Redlands, and Fontana at the San Bernardino Justice Center or the Fontana courthouse, with Rancho Cucamonga, Ontario, and Chino cases at the Rancho Cucamonga courthouse. Confirm the assignment on the court's website. See our Victorville criminal defense page, our Hesperia criminal defense page, and our guide Drug Charges in Victorville, Hesperia, or Adelanto.
Riverside, Los Angeles, Orange, and Ventura Counties. Riverside, Moreno Valley, and Corona cases go to the Riverside Hall of Justice, Temecula and Murrieta cases to the Southwest Justice Center, and Palm Springs and Indio cases to the Larson Justice Center. Los Angeles County spreads its misdemeanor calendars across the Clara Shortridge Foltz Criminal Justice Center, Van Nuys, Pomona, Long Beach, Torrance, and Compton, while Orange County uses the Central Justice Center in Santa Ana and its regional justice centers, and Ventura County uses the Hall of Justice in Ventura. See our Riverside criminal defense page and our Los Angeles criminal defense page.
Frequently Asked Questions
Can I be charged under Health and Safety Code 11550 if no drugs were found?
Yes. The statute punishes use and being under the influence, not possession, so the prosecutor needs only the officer's observations, your statements, and any test result. That is why what you say at the scene matters more in these cases than in almost any other drug charge, and why the lawfulness of the stop is the first thing a criminal defense lawyer examines.
Is being under the influence of a controlled substance a felony in California?
No, it is a misdemeanor in almost every case. Health and Safety Code section 11550 is a misdemeanor punishable by up to one year in county jail, and the felony option arises only under subdivision (e) when the person is under the influence while in immediate possession of a loaded, operable firearm. Companion charges such as possession for sale can add felony exposure.
Do I have to take a drug test if the officer asks?
You generally cannot be forced to give a sample without a warrant, but refusing has consequences. Unlike a DUI arrest, there is no implied consent law tied to an 11550 investigation, so an officer who wants a blood sample over your objection needs a warrant. Many departments simply proceed on the officer's observations and your admissions, which is one more reason to say nothing beyond identifying yourself and asking for a lawyer.
Can I get an 11550 charge dismissed through diversion?
Often, yes. Health and Safety Code section 11550 is eligible for pretrial diversion under Penal Code section 1000 and for judicial misdemeanor diversion under Penal Code section 1001.95, and mental health or military diversion may also apply. Completing the program ends in dismissal without a conviction, which is far better than a plea followed by an expungement under Penal Code section 1203.4.
Will an under the influence conviction affect my immigration status?
It can, seriously. A conviction for an offense relating to a federally controlled substance is a ground of deportability and inadmissibility, so non-citizens should never plead to Health and Safety Code section 11550 without an immigration analysis and should pursue the no-plea diversion options first. The DA is required to consider immigration consequences under Penal Code section 1016.3 during negotiations.
Do I need a lawyer for a misdemeanor under the influence charge?
Yes, because the difference between diversion and a conviction is decided early. The stop, the statements, and the diversion request all have to be handled in the first weeks, and a conviction follows you into immigration, licensing, and firearm consequences. Daniel Gramling, Esq. handles these cases on flat-fee and limited-scope arrangements so the cost is known before you start.
Gramling Law Group defends drug charges at the Victorville and Barstow courthouses, the San Bernardino Justice Center, the Rancho Cucamonga courthouse, the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the Clara Shortridge Foltz Criminal Justice Center in Los Angeles, and the Central Justice Center in Santa Ana, serving the Inland Empire, Los Angeles County, Orange County, Ventura County, and all of Southern California except San Diego. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options so you know the cost before you start. Call (909) 654-4575 or contact us through this website for a consultation.
This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.
Related Guides From Gramling Law Group
Domestic Violence Charges in Oxnard or Ventura? What to Expect at the Ventura County Hall of Justice
Learn more about our criminal defense practice serving the Inland Empire, Los Angeles County, and Southern California.
We defend drug cases at the Victorville courthouse, the San Bernardino Justice Center, the Riverside Hall of Justice, and courthouses across Southern California. See our Victorville criminal defense page, our San Bernardino criminal defense page, our Riverside criminal defense page, and our Inland Empire criminal defense page.
Gramling Law Group
3600 Lime St, Bldg 2, Riverside, CA 92501
Phone: (909) 654-4575
Serving the Inland Empire, Los Angeles County, Orange County, and all of Southern California except San Diego in family law and criminal defense.
Follow Daniel Gramling on Instagram: @californiafamilylawyer
Comments