Most drug possession arrests in California are bailable. The amount depends on the county's bail schedule and the exact charge. Simple possession is often set around $10,000, while possession for sale is commonly set at $25,000 to $30,000. A bail bond usually costs 10% of that amount as a non-refundable fee. This guide explains how those numbers are reached, what can change them, and what to do in the first hours after an arrest.
TL;DR
- Simple possession (Health & Safety Code 11350) is often scheduled at about $10,000 in large counties. Possession for sale (11351) is commonly $25,000 to $30,000. Riverside County's schedule shows both.
- A schedule amount is a starting point. A judge can raise or lower it based on the facts of the case.
- Our bond fee is typically 10% of the bail amount. On a $10,000 bail, that is $1,000.
- Money from drug proceeds can trigger a hold under Penal Code 1275.1. Ask about it before anyone pays.
- Call us any time, day or night, with the person's full name and booking number. We offer a free inmate search and no-interest payment plans.
Table of Contents
- How bail is set for a drug possession arrest
- What bail looks like by charge
- Prop 36 and the treatment-mandated felony
- Release without cash bail: the other path
- Money from drug proceeds: the 1275.1 hold
- Diversion and treatment can change the outcome
- Step by step: getting someone out
- Our perspective
- Getting help from Abaasy
- FAQ
- Sources
How bail is set for a drug possession arrest
When someone is arrested without a warrant, the jail can often release them on the county's bail schedule. The schedule is a list of presumed amounts for each offense. Santa Clara County's 2026 criminal bail schedule says its purpose is to fix an amount on which a person arrested without a warrant may be released. Each of the 58 counties adopts its own, so the same charge can carry a different number in San Diego, Riverside and San Bernardino.
The schedule is not the final word. According to the Judicial Council's pretrial law overview, schedule amounts are presumptive, and judges keep broad discretion to go higher or lower for the individual case. Under Penal Code 1275, a judge setting, reducing or denying bail must weigh public protection, the seriousness of the offense, the person's prior record and the likelihood they will return to court.
In practice, this means two people booked on the same code section can see different outcomes. A first-time arrest with a stable job and local family ties looks different from someone with prior drug convictions and a missed court date.
For the bigger picture on who decides what after a booking, see our guide on who sets bail in California.
What bail looks like by charge
The charge on the booking sheet drives the number. These are the figures we can point to from published court schedules. Check the current schedule for the county where the arrest happened, because amounts are updated.
| Charge | Code | Typical scheduled bail | Bond fee at 10% |
|---|---|---|---|
| Simple possession of a controlled substance | H&S 11350 | About $10,000 | About $1,000 |
| Possession for sale | H&S 11351 | $25,000 to $30,000 | $2,500 to $3,000 |
| Possession in a jail or prison | PC 4573.6 | Set by county and review | Depends on the amount set |
The first two rows come from the Riverside County schedule. The fee column is simple arithmetic at our typical 10% rate, not a quote. Your exact cost depends on the final bail amount.
Possession for sale costs more than possession
Possession for sale, sale and transportation charges sit higher on the schedule. For sale offenses, California law directs judges to consider the amount of the substance involved and whether the person was already out on bail for a similar drug offense. That is stated in the Santa Clara bail schedule. A larger quantity or a pending case can push the amount up.
Drugs inside a jail or prison
Bringing or holding a controlled substance in a custodial facility is a separate felony. Penal Code 4573.6 provides for two, three or four years in state prison. This is a different situation from a street possession arrest, and the family should expect a more serious bail discussion. If your loved one faces this charge, talk to a defense attorney right away.
Prop 36 and the treatment-mandated felony
Proposition 36, approved by voters in November 2024, changed how repeat drug possession is charged. The Assembly's summary of Prop 36's criminal law changes describes a new treatment-mandated felony. It can be charged when someone has two or more prior convictions for possessing or selling certain drugs, such as heroin or cocaine. It is a wobbler, so a prosecutor can file it as a misdemeanor or a felony.
What this means for bail: a person with prior drug convictions may now face a felony filing for what used to be a simple possession arrest. A felony filing can come with a higher bail setting and a closer look at the person's record. If you are bailing out someone with prior convictions, ask the jail or an attorney how the case was booked before you commit money.
Release without cash bail: the other path
Not everyone pays bail. Under the state's SB 10 release and detention process, the court looks at whether there is a sufficient basis to detain a person. If not, the person is released on their own recognizance, either unsupervised or supervised. Risk assessments matter more than they used to.
In some counties, drug offenses on the schedule are marked for pre-arraignment or arraignment review. In Riverside, those labels mean the amount is set but a magistrate may need to review safety and flight risk before release, according to the county's schedule. That can mean a bond is posted but release waits for the review. Ask the jail or your agent whether the booking carries such a flag.
For many minor possession arrests, release on a citation or promise to appear is possible and no bond is needed. If the jail has set a dollar amount and the person is still inside, a bond is the usual way out.
Money from drug proceeds: the 1275.1 hold
This is the part families often miss. Under Penal Code 1275.1, bail should not be accepted unless a judge finds that none of the money or collateral used came from a felonious source. When there is probable cause to think the funds were feloniously obtained, such as drug proceeds, a hold can be placed on release. The defendant then has to show, by a preponderance of the evidence, that the money was legally obtained.
This is called a 1275 hold, and it is more likely in sale and trafficking cases than in simple possession. To clear one, the person who is paying usually needs to show where the money came from: pay stubs, bank statements, a sale record, a tax refund.
Before you pay anyone, gather documents showing the source of the funds. If your loved one's case involves sale charges, call us early. We offer 1275 hold consultations, and we would rather walk through the paperwork with you before the hearing than after.
Diversion and treatment can change the outcome
Bail only gets someone out while the case is pending. It does not decide the case. California has pathways for many nonviolent drug possession offenses. Under Penal Code 1210.1, a person convicted of a nonviolent drug possession offense generally receives probation with a drug treatment condition rather than jail. Completing treatment can lead to dismissal or a cleared record in eligible cases.
Whether your loved one qualifies depends on the charge, their record and the court. A defense attorney is the right person for that call. For a general look at how drug treatment diversion and charges interact, this overview of drug treatment diversion and charges is a starting point. Staying out of custody also makes it easier to enroll in treatment, keep a job and meet with counsel.
Step by step: getting someone out
- Find the person. Use our free inmate search, or the county sheriff's lookup. You need the full legal name and date of birth.
- Get the booking number. This 10-digit number speeds everything up. Our guide on finding a booking number in California walks through it.
- Confirm the bail amount and any holds. Ask whether the booking is flagged for review or whether a 1275 hold is possible.
- Call a licensed agent. We answer around the clock, in English and Spanish.
- Sign the agreement. The person paying, the indemnitor, signs and takes responsibility that the defendant will appear in court.
- Pay the premium. It is typically 10% of bail and non-refundable. Our cost breakdown explains it, and how bail bonds work covers the signing.
- Wait for release. Processing time depends on the jail. Some releases happen within the hour, others take longer, especially at busy facilities.
- Make every court date. A missed date can forfeit the bond and put the cosigner at risk.
Families in the Inland Empire can also read our notes on the San Bernardino bail process.
Our perspective
We talk to families at their worst hour, and drug cases are among the calls we hear most. Here is what we tell them.
First, the number on the schedule is not the whole story. We have seen the booking charge, the prior record and the county change what a family has to deal with. So we ask for the booking number and the charge before we quote anything.
Second, a bond is a contract. The person who signs is promising that the defendant will show up. We explain that plainly, because the families who understand the agreement are the ones who rarely have problems later.
Third, we do not hide behind fine print. Our pricing is upfront, there are no hidden fees, and we offer no-interest payment plans so a family does not need all of the premium in the first hour. Agents answer every call personally. It is never a call center. We also offer Spanish-speaking service, because a family under stress should not have to translate legal terms.
Finally, bail is not a verdict. Getting your loved one home lets them see an attorney, keep working and, where the court allows, begin treatment. That is a better position to fight a case from.
— william
Getting help from Abaasy
If someone you love was arrested on a drug charge in California, we can start the process today. Abaasy Bail Bonds offers 24/7 emergency bail, bail and surety bonds for misdemeanor and felony charges, a free inmate and warrant search, no-interest payment plans, bilingual support and 1275 hold consultations. We also work with attorneys. If you are in the Inland Empire, our San Bernardino page has local details.
FAQ
Is drug possession bailable in California?
Yes. Bail is a matter of right in most non-capital cases, according to the Judicial Council's pretrial overview. Possession and possession for sale both have scheduled amounts. A judge can still adjust the amount or deny bail in limited situations based on safety and the record.
How much is bail for simple drug possession?
It varies by county. Riverside County's schedule lists H&S 11350 at about $10,000. A bond would typically cost 10% of that, or about $1,000. Your county's current schedule and the judge's decision control the final number.
Can a bail bond be refused because of where the money came from?
Sometimes. Penal Code 1275.1 allows a hold when there is probable cause that the bail money came from a felony source, such as drug sales. The person must then prove the funds were legal. Bring bank statements or pay records, and call us for a 1275 hold consultation.
What happens if my loved one has prior drug convictions?
Prop 36 allows a treatment-mandated felony for people with two or more qualifying priors. That can mean a felony filing and a closer look at bail. A defense attorney can tell you how the case was charged and what options exist.
Sources
- Riverside County felony and misdemeanor bail schedule
- Santa Clara County 2026 criminal bail schedule
- California Penal Code 1275
- California Penal Code 1275.1
- California Penal Code 4573.6
- California Penal Code 1210.1
- Judicial Council: Pretrial Law and Procedure overview
- Judicial Council: Summary of release and detention under SB 10
- Assembly: Criminal laws created or amended by Proposition 36