Aiding Controlled Substance Use DefenseCalifornia Health & Safety Code § 11365

What counts as a violation of Health & Safety Code § 11365?

Health & Safety Code § 11365 makes it a crime to visit or to be in any room or place where any controlled substances, or narcotic drugs classified in Schedule III, IV, or V, are being unlawfully smoked or used with knowledge that such activity is occurring. This includes cocaine, heroin, and methamphetamine.

Additionally, the statute applies only where the defendant aids, assists, or abets the perpetration of the unlawful smoking or use of a controlled substance.

To be convicted for this offense, the prosecution is required to prove all of the following

• The defendant visited or was in a room where controlled substances were being unlawfully used or smoked,
  
  
• The defendant knew that controlled substances were being unlawfully used, and
  
  
• The defendant aided, assisted, or helped another to unlawfully smoke or use controlled substances.

What is the punishment for a violation of Health & Safety Code § 11365?

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.

What are defenses to Health & Safety Code § 11365?

• You did not know drugs were being used
• You did not know drugs were present  
• You did not aid another to use drugs