California Health and Safety Code § 11364 – Possession of Drug Paraphernalia
California Health and Safety Code § 11364 makes it illegal to possess drug paraphernalia used for unlawfully injecting, smoking, or consuming controlled substances.
Simply put, HS 11364 makes it a misdemeanor crime to possess drug paraphernalia, defined as any device, instrument, or paraphernalia used for unlawfully injecting or smoking controlled substances.
The law is designed to target tools for consuming illegal substances such as heroin, cocaine, and methamphetamine.
While this offense is generally charged as a misdemeanor, a conviction can still result in jail time, probation, fines, and collateral consequences.
In many cases, qualifying defendants can participate in pretrial diversion programs, completing treatment, education, counseling, or other court-mandated requirements in exchange for having charges dismissed.
Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at Esfandi Law Group. To schedule a free consultation, call (310) 274-6529 or contact us here.
What Does Health and Safety Code 11364 Prohibit?
Under HS 11364, it is unlawful to possess equipment, materials, or products intended for use with controlled substances.
Common examples of paraphernalia include:
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Glass pipes
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Cocaine spoons
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Methamphetamine pipes
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Bongs used for illegal drugs
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Hypodermic needles intended for heroin use
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Syringes (when not legally authorized)
The prosecution must prove the item was intended for use with an illegal controlled substance.
What Must the Prosecutor Prove?
To convict someone under HS 11364, the prosecution must prove beyond a reasonable doubt that:
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The defendant exercised control over the paraphernalia.
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The defendant knew of its presence.
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The defendant knew the object was drug paraphernalia.
Possession may be actual (on your person) or constructive (in a place under your control).
Is HS 11364 a Misdemeanor?
Yes. Possession of drug paraphernalia is typically charged as a misdemeanor.
Potential penalties include:
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Up to six months in county jail
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Informal probation
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Fines
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Drug counseling requirements
In many cases, diversion programs or dismissal may be available.
Judicial diversion, as outlined in California Penal Code 1001.95, enables a judge to suspend a criminal case and divert a defendant into a program rather than proceed with prosecution.
Diversion Options
California law often allows individuals charged with minor drug-related offenses to participate in drug diversion programs.
In California, the most commonly used drug diversion programs are Penal Code 1000 (PC 1000) and Proposition 36 (Prop 36).
Successful completion of diversion may result in dismissal of the charge.
Eligibility depends on:
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Criminal history
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Whether the offense is non-violent
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Compliance with program conditions
Related Crimes to Health and Safety Code § 11364
Drug paraphernalia charges are often filed together with other narcotics offenses.
Health and Safety Code § 11350 – Possession of a Controlled Substance
HS 11350 applies when a person possesses narcotics such as heroin or cocaine for personal use.
Paraphernalia charges often accompany possession charges when drugs and usage equipment are found together.
California Health & Safety Code 11365 HS declares that it is a misdemeanor to knowingly be present at the scene where certain controlled substances are unlawfully used if you also aid, assist, or encourage that drug activity.
Health and Safety Code § 11351 – Possession for Sale
If law enforcement believes the drugs were intended for sale, prosecutors may file HS 11351 instead of simple possession.
The presence of packaging materials, scales, or large quantities can elevate the charge.
California Health and Safety Code 109575 HS makes it a crime to knowingly manufacture, distribute, or possess an imitation controlled substance with the intent to distribute.
Health and Safety Code § 11352 – Sale or Transportation of Controlled Substances
HS 11352 applies to selling or transporting narcotics for sale.
Paraphernalia such as scales or packaging materials may be used as evidence to support a sales charge.
California Health and Safety Code 11366.8 HS prohibits possessing, using, controlling, building, modifying, installing, or attaching a false compartment in a vehicle for the purpose of concealing, smuggling, or transporting controlled substances.
Health and Safety Code § 11377 – Possession of Methamphetamine
Methamphetamine possession is charged under HS 11377.
Drug pipes and other paraphernalia frequently lead to additional possession charges.
Health and Safety Code § 11550 – Under the Influence of a Controlled Substance
HS 11550 makes it illegal to be under the influence of certain narcotics.
If drugs are not found but paraphernalia and signs of impairment are present, prosecutors may file this charge.
Penal Code § 4573 – Bringing Drugs Into Jail or Prison
If paraphernalia or drugs are discovered while entering a correctional facility, more serious felony charges may apply.
Common Defenses to HS 11364 Charges
Possible defenses include:
Illegal search and seizure
Challenging evidence obtained without a lawful basis.
Lack of knowledge
Arguing the defendant did not know the item was present.
Legal use
Some items may have lawful purposes unrelated to drug use.
Insufficient evidence
If the prosecution cannot prove the object was intended for illegal drug use.
Frequently Asked Questions
Is possession of a pipe always illegal?
No. The prosecution must prove it was intended for use with illegal drugs.
Can paraphernalia charges be dismissed?
Yes. Many cases qualify for diversion or dismissal depending on circumstances.
Will a conviction affect my record?
Yes. A misdemeanor conviction can appear on background checks unless later expunged.
Speak With a California Drug Crime Defense Attorney
While HS 11364 is considered a lower-level offense, it can still carry consequences that affect employment, professional licensing, and immigration status.
If you or a loved one has been charged with possession of drug paraphernalia in California, schedule a confidential consultation to review your options.
Esfandi Law Group is here to help. Schedule your free consultation at (310) 274-6529 or use the contact form here.