Drug House Defense in CaliforniaCalifornia Health & Safety Code § 11366

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What counts as a violation of Health & Safety Code § 11366?

Health & Safety Code § 11365 makes it a crime to for a person to open or maintain any place for the purpose of unlawfully selling, giving away, or using any controlled substance. This is known as a “drug house.”

What is the punishment for a violation of Health & Safety Code § 11366?

A conviction for this crime may be punished as a misdemeanor or as a felony.

A misdemeanor is punishable by up to six months in a county jail, a fine of up to $1,000, or both.

A felony is punishable by imprisonment in state prison for up to three years and a fine of up to $10,000.  

What are defenses to Health & Safety Code § 11366?

  • You were unaware that your home was being used for drug use
  • Police entered your home unlawfully

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