Possession While Armed DefenseCalifornia Health & Safety Code § 11370.1

What counts as a violation of Health & Safety Code § 11370.1?

Health & Safety Code § 11370.1 makes it a crime to unlawfully possess any amount of certain controlled substances while armed with a loaded, operable firearm.

This includes possessing a substance that contains cocaine, heroin, methamphetamine, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine.

“Armed with” under this statute means having available for immediate offensive or defensive use.

What is the punishment for a violation of Health & Safety Code § 11370.1?

A conviction for under Health & Safety Code § 11370.1 is a felony by imprisonment in state prison for up to four years.

Additionally, a person who is convicted under this statute will be ineligible for diversion or deferred entry of judgment.

What are defenses to Health & Safety Code § 11370.1?

• You did not know you were in possession of a controlled substance
• You were not “armed” as it defined under the statute