Health and Safety Code 11350–(Possession of controlled substances)
You face up to one (1) in county jail, and/or a fine of up to one thousand dollars ($1,000) if charged as a misdemeanor.
However, if you are charged with possession of heroin as a felony, you face sixteen (16) months, 2 years or 3 years jail time for this offense if you have any of the following convictions on your record: 1) a conviction for any number of serious felonies, including murder, sexually violent offenses, sex crimes against a child under 14, and gross vehicular manslaughter while intoxicated, or 2) a conviction for a sex crime that subjects you to California’s sex offender registration requirement.
Health & Safety Code 11365–(Aiding and Abetting Heroin Use)
Simply by being present while one or more others are using heroin (assuming you aid or abet their use in some way) is a misdemeanor punishable by up to 1 year in jail and a $1,000 fine.
Health and Safety Code 11351–(Possession with Intent to Sell)
Possessing heroin with intent to sell is always charged as a felony. A conviction is punishable by either 1) up to a year in county jail or 2) 2, 3 or 4 years in jail plus a maximum $20,000 fine.
If you are convicted of possessing or purchasing cocaine base for sale, you face 3, 4 or 5 years in jail and a maximum $20,000 fine.
Health and Safety Code 11352 HS — Sales and Transportation of Heroin
The difference between Health and Safety Code 11352 HS and 11351 HS is that 11352 involves actual drug transactions (as opposed to possessing the narcotics with the intent to sell them) as a felony.
If convicted of this felony, you face 3, 4 or 5 years in county jail (3, 6 or 9 years if you transport the drugs across more than two county lines).
If you are convicted of possession with intent to sell and the controlled substance is heroin, cocaine base or cocaine, you face an additional: 1) 3 years if the substance exceeds 1 kilogram by weight, 2) 5 years if it exceeds 4 kilograms, 3) 10 years if the substance exceeds ten kilograms, 4) 15 years if the drug weighs more than 20 kilograms, 5) 20 years if it weighs more than 40 kilograms, and 6) 25 years if it weighs more than 80 kilograms plus a fine of up to a maximum of $8,000,000.
If you are convicted of possessing or purchasing controlled substances for sale and you have at least one prior felony conviction for another California drug crime that involves more than mere personal use, you face an additional and consecutive 3 year term for each prior felony conviction.