What each statute covers
| HS §11350 | HS §11377 | |
|---|---|---|
| Typical substances | Heroin, cocaine, and other Schedule I/II narcotics | Methamphetamine and specified stimulants and other controlled substances |
| Level after Prop 47 | Misdemeanor for most defendants | Misdemeanor for most defendants |
| Felony exposure | Prior serious/violent felony or registrable sex offense | Same |
| Common outcome | Diversion, treatment, or probation | Diversion, treatment, or probation |
Where bail actually comes from
The county bail schedule adopted under Penal Code §1269b sets the amount at booking. Misdemeanor possession bail is typically low, and many defendants are cited out or released before arraignment. The amount rises when the possession count is paired with something else — a sales allegation under HS §11351 or §11378, a weapon, a probation violation, or an outstanding warrant.
The distinction that actually changes the number
Diversion and what happens to the bond
Many possession cases resolve through drug diversion or treatment programs. The bond stays live through the diversion period and is exonerated when the court closes the case — see what does bond exonerated mean. Our drug crime bail bonds page covers the service side.
Ability to pay is also part of the analysis after In re Humphrey, which matters on exactly these lower-level cases.