California Health and Safety Code 11364
One of the more perplexing laws that many face, in combination with other more serious drug charges, is the California Health & Safety Code 11364. Under 11364 HS, it is considered unlawful to possess any paraphernalia that's sole purpose is delivering a controlled substance into the human body. Considering the myriad of situations in which this code can be applied, and how quickly it can be misconstrued, it is important to know the facts. It is highly advisable that you contact the knowledgeable staff at the Law Offices of Daniel E. Kann should you be facing a violation of California Health & Safety Code 11364. Please call (888) 744-7730 or send us an email for a free and confidential consultation.
Did I Violate 11364 HS?
To successfully prosecute this particular code the state must make their case by establishing three facts:
- You were completely aware drug paraphernalia was in your possession
- You knew firsthand that the device(s) in question was being used to ingest illicit drugs.
- And finally, you were in control of said device.
Quite often the question of "control" over the paraphernalia is raised, many times in conjunction with "awareness" of its existence. This can be established by the prosecution in one of two ways:
- "Active" - the item in question was on your person at the time of your arrest.
- "Constructive" - the device was in the same vicinity or within reach at the time of your arrest. (i.e. – in your kitchen, car, dorm room, bathroom, etc.)
An aggressive criminal defense attorney can build a strong case on your behalf to have the accusations of possession of paraphernalia dropped altogether.
Drug Cases We Handle:
- Drug Diversion/Prop. 36
- Drug Manufacturing
- Drug Possession/Possession of a Controlled Substance (HS 11350)
- Drug Sales/Transportation (HS11352)
- DUI/Drugs (VC 23152(a))
- Felony Drug Charges
- Marijuana Cultivation (HS 11358)
- Marijuana Sales (HS 11360)
- Medical Marijuana/Compassionate Use Act (HS 11362.5)
- Misdemeanor Drug Charges
- Possession for Sale (HS11351)
- Possession of Cocaine
- Possession of Ecstasy
- Possession of Heroin
- Possession of Marijuana (HS 11357)
- Possession of Meth (HS11377)
- Possession of Paraphernalia (HS11364)
- Under the Influence (PC 11550)
What Constitutes a Device Under 111364 HS?
Accordingly, just about anything that is suspected in facilitating the ingestion of a controlled substance can be considered "paraphernalia." This can range from cooking spoons to plumbing materials, and almost always depends on how and where the drugs are being used. The list is substantial and is not limited to the following:
- Hypodermic needles
Exemptions and Penalties for Possession of Paraphernalia
Under the current code, members of the California State Board of Pharmacy are exempt from prosecution. Those included are, but not limited to, physicians, dentists, pharmacists, and veterinarians. Other exemptions include individuals with hypodermic needle prescriptions and do not carry more than ten needles at a time. Failing that, anyone found guilty of violating possession of paraphernalia 11364 HS can face up to 180 days in jail, a $1000 fine or both.
Ultimately, the burden of proof falls on the prosecution and there is much to consider prior to a successful conviction. Was the evidence lawfully obtained by the investigating officers? Do you have a prior history of illegal drug use? Was there a controlled substance found with the paraphernalia in question? The experienced team at the Law Offices of Daniel E. Kann can establish a formidable defense around many of these questions and more. Call (888) 744-7730 for your free consultation today.