Possession of Drug Paraphernalia
Health & Safety Code § 11364
What counts as a violation of Health & Safety Code § 11364?
Health & Safety Code § 11364 makes it a crime for a person to unlawfully possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking (1) a controlled substance, or (2) a controlled substance that is a narcotic drug classified in Schedule III, IV, or V.
To be convicted for this offense, the prosecution is required to prove all of the following
- Unlawful possessionby the defendant of an instrument used to smoke or inject a narcotic
- Knowledgeby the defendant that the object was present
- Defendant’s knowledgethat the instrument’s purpose was for the illegal ingestion of a narcotic substance.
Health & Safety Code § 11364 does not apply to the following
- hypodermic needles or syringes that have put in containers for safe disposal that meet state and federal standards for disposal of sharps waste
- the possession solely for personal use of hypodermic needles or syringes
What is the punishment for a violation of Health & Safety Code § 11364?
A conviction for this crime is a misdemeanor punishable by up to six months in a county jail and a maximum fine of $1,000.
Clips of Counsel: Watch and Learn
“Daniel Vaswani, lead attorney at Virtuoso Criminal and DUI Lawyers, explains the complicated process of a DUI arrest and the importance of hiring the right lawyer.”
“Attorney Joe McPeak from Virtuoso Criminal and DUI Lawyers discusses important defense strategies for domestic violence cases.”
“Discover how speaking with an attorney just days before your court date can dramatically impact your chances of release.“
We are Available