The police may charge an individual under CA Health and Safety Code 11364: Possession of Drug Paraphernalia if they claim they found any instrument or device used to consume a controlled substance in the individual’s possession.
A conviction under HSC 11364 can result in fines and jail time. The penalties may increase if the police add other drug crime charges, including charges for driving under the influence of drugs.
A Los Angeles DUI lawyer can provide more information about the offense and potential legal defenses of this California health and safety code.
What Leads to an HSC 11364 Arrest?
Individuals can face CA Health and Safety Code 11364: Possession of Drug Paraphernalia charges if the police accuse them of knowingly exercising control over (or having possession of) any kind of drug paraphernalia.
Residents of California may face this charge if police officers claim they have:
Actual Control of Drug Paraphernalia
You have “actual” control of something if you physically have the item on your person. For example, a person would have active control of a syringe if they carry it in their pocket.
Constructive Control of Drug Paraphernalia
You may have “constructive” control of something if you can exercise control of the item or have the right to exercise control over it. For example, you have constructive control over a syringe that you keep in your dresser drawer.
What Is Drug Paraphernalia?
Any item used to smoke, inject, or otherwise consume a controlled substance qualifies as drug paraphernalia in California, according to HSC 11364. Some common examples of drug paraphernalia include miniature cocaine spoons and pipes.
Are Syringes and Needles Drug Paraphernalia?
California sometimes exempts syringes and needles from classification as drug paraphernalia.
Individuals may possess hypodermic needles and syringes without an HSC 11364 charge if they have the items for personal use and they got the items from someone legally authorized to provide the items, like a:
- Pharmacist
- Physician
- Syringe or needle exchange program
A criminal defense lawyer can provide more information about this exception to drug paraphernalia laws.
Is Anyone Exempt from HSC 11364 Regulations?
California considers some people exempt from prosecution under HSC 11364. Generally, individuals in the following groups should not face this charge:
- Police officers
- Doctors, dentists, podiatrists, and pharmacists
- Veterinarians
Additionally, individuals who have a license to transfer, sell, or prescribe hypodermic syringes and other objects used to inject drugs into a person are exempt. This rule can include retailers, wholesalers, and manufacturers.
Does Marijuana Paraphernalia Lead to an HSC 11364 Charge?
California expressly excludes items associated with marijuana usage from CA Health and Safety Code 11364: Possession of Drug Paraphernalia regulations, though individuals may face other charges for the possession of these items.
HSC 11364 charges deal with items used for the consumption of narcotic drugs and controlled substances, like:
- Depressants and stimulants
- Opiates
- Hallucinogens
Specific examples of drugs associated with HSC 11364 charges include PCP, heroin, cocaine, and methamphetamine.
What Are the Penalties for an HSC 11364 Violation?
Individuals convicted under HSC 11364 may face fines of up to $1,000 and jail time of up to six months. Additionally, a conviction could result in the loss of certain professional licenses.
Many individuals face additional charges alongside HSC 11364, leading to more severe penalties. For example, an individual pulled over for speeding and weaving between lanes who has drug paraphernalia and an illicit substance in their vehicle could face charges for:
- CA Vehicle Code § 23103 Reckless Driving
- CA Vehicle Code 23152 (a) – Driving Under the Influence of Alcohol or Drugs
- CA Health and Safety Code 11350(a) Possession of a Controlled Substance in California
Individuals can face a conviction for any or all of these charges, resulting in harsher penalties. Fortunately, a criminal defense lawyer can take on all of these accusations.
Can You Fight an HSC 11364 Charge?
A lawyer can help individuals accused of possession of drug paraphernalia after an arrest. In many situations, attorneys focus on getting these charges reduced or dismissed.
The court system allows some individuals facing HSC 11364 charges to enter a drug diversion program. This program allows the individual to seek treatment. If they complete a drug treatment program, the court will dismiss their charges.
Lawyers can also explore several defenses if HSC 11364 charges go to court. For example, an attorney may argue that their client:
- Had no control over the drug paraphernalia
- Had something that didn’t qualify as drug paraphernalia
- Didn’t know about the presence of the drug paraphernalia
Lawyers can block evidence and protect the rights of clients dealing with HSC 11364 allegations.
You Can Work with a Lawyer to Handle HSC 11364 Charges
You have legal options after an arrest under CA Health and Safety Code 11364: Possession of Drug Paraphernalia. A DUI attorney can build your defense and support you throughout the legal process in Los Angeles.
Our team can help you find a law firm that will assist you every step of the way. Call or complete our online contact form to learn more.
