California Health & Safety Code 11364 – Possession of Drug Paraphernalia

Overview

California Health & Safety Code 11364 HS makes it a crime to possess drug paraphernalia used for consuming controlled substances—such as pipes, syringes (without prescription), or other tools associated with drug use.

Though often filed as a misdemeanor, HS 11364 charges can still damage your record, affect employment, and impact immigration. At Jones Trial Attorneys, we fight to get these cases dismissed, diverted, or reduced—often without a conviction.

Legal Definition

Health & Safety Code § 11364 states:

“It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance.”

Common paraphernalia includes:

• Glass pipes (used for meth, crack, or heroin)

• Syringes or needles (without prescription or legal exchange documentation)

• Burnt spoons, foil, or straws

• Makeshift smoking or injection devices

Elements of the Crime

To convict someone of possession under HS 11364, the prosecution must prove:

1. You possessed an object;

2. That object was used or intended for use in consuming a controlled substance;

3. You knew of the object’s presence;

4. You knew it was drug paraphernalia.

The law does not apply to marijuana paraphernalia used in legal contexts.

Penalties for Possession of Drug Paraphernalia

HS 11364 is a misdemeanor, punishable by:

• Up to 6 months in county jail

• A fine of up to $1,000

• Summary probation

• Mandatory drug education or treatment programs

For first-time offenders or those with substance use issues, diversion programs (PC 1000 or AB 1950) are often available.

Defenses to HS 11364 Charges

Paraphernalia charges often rely on officer interpretation, not clear-cut proof. Common defenses include:

• Lack of knowledge – You didn’t know the item was drug-related

• No intent to use – The item was not used or intended for drug use

• Legal possession – Certain syringes are permitted under clean needle programs or prescriptions

• Illegal search or seizure – Your Fourth Amendment rights were violated

• Item wasn’t paraphernalia – Common with spoons, straws, or baggies

We often resolve these cases through dismissals, diversion, or informal agreements—especially for first-time offenses.

Immigration and Employment Consequences

Even minor drug-related offenses like HS 11364 can be considered crimes of moral turpitude, with potential for:

• Deportation or denial of admissibility

• Barriers to renewing green cards or visas

• Negative impact on professional licensing or background checks

We tailor defense strategies to protect non-citizens and working professionals.

Related Offenses

• HS 11350 – Possession of a Controlled Substance

Often charged alongside 11364

• HS 11377 – Possession of Methamphetamine

Common drug associated with pipe possession

• PC 381 – Possession of Inhalants

Applies to substances like nitrous oxide or toluene

How Jones Trial Attorneys Can Help

Paraphernalia charges may seem minor—but we treat every case seriously. We act quickly to suppress illegal searches, challenge weak evidence, and negotiate resolutions that protect your record and reputation.

💼 Free consultations

⚖️ Trial-tested representation

📍 Local San Diego firm with deep courtroom experience

Talk to a Drug Crimes Attorney Today

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.