Health and Safety Code 11364

Are you facing charges for Possession of Drug Paraphernalia? Violation of California Health and Safety Code 11364 is a misdemeanor offense. Those facing drug crime charges may benefit from a free case evaluation with one of our California attorneys. Call 888-250-2865 or fill out our contact form to speak with a legal professional about your drug case.


In the state of California, it is illegal to possess an instrument, otherwise known as paraphernalia to use for smoking or injecting drugs or pot. This could be a pipe, contrivance or some other equipment used for the purposes of abusing drugs.


In order to prosecute for California Health and Safety Code 11364, the state has the burden to prove one or more of the following:


  • The defendant held in their possession a drug paraphernalia
  • The defendant had the ability to control this device
  • The defendant was aware that they held this in their possession


As an added note, this possession or control could be active or constructive:


  • Active – means that the device is on you – in person
  • Constructive – this possession means that you have the ability to use the device elsewhere


This Health and Safety code is mostly concerned with holding paraphernalia for personal use. The following or acknowledged:


  • Needles or syringes
  • Pipes
  • Cocaine spoons


There are exemptions however. If you possess needles or syringes for medical use, and you have been permitted to do so, then you are not liable to be prosecuted for violation of this penal code. The defendant should have been prescribed these, or have not held in their possession more than ten syringes at a time.


Paraphernalia that points to drugs for manufacturing and resale include blenders, mixers, scales, measuring devices and others. Some of those who are charged with this offense are also charged with violating HS 11550, which is violated when a person is under the influence of illegal substances.


The following members are also excluded from this code under the California State Board of Pharmacy:


Police officers, Pharmacists, Physicians, Dentists, and other authorized individuals in the medical field. Other exempts include wholesalers, retailers, or those who manufacture these equipment.


Possession of Drug Paraphernalia is a misdemeanor, and those found guilty can face:


  • Up to $1,000 in fines
  • Up to 6 months in the county jail


Those who are prosecuted as a professional medical specialist could face suspension or cancellation of their professional licenses.


If you’re facing possession charges for drug paraphernalia, contact the criminal defense attorneys at MacGregor & Collins to bring you superior legal experience to aid you in this challenging time. Call us today at (888) 250-2865.

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