Possession of Drug Paraphernalia – California Health and Safety Code 11364(a)

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Strong Legal Representation for Drug Paraphernalia Charges in California

If you have been charged under 11364(a) hs in Los Angeles you are facing a possession of drug paraphernalia charge that carries a permanent criminal record, affects professional licensing and immigration status, and in many cases accompanies a more serious drug possession charge that compounds the total exposure. At The Law Offices of Arash Hashemi our Los Angeles possession of drug paraphernalia attorney has spent over 20 years defending clients against drug charges throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free confidential consultation.

Possession of Drug Paraphernalia Under California Law

California Health and Safety Code 11364(a) makes it unlawful for any person to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance. The statute is specifically directed at items used to consume controlled substances rather than items used to sell or distribute them. Common items charged under this statute include pipes, syringes, needles, spoons with residue, tin foil with burn marks, and other items that show evidence of use with a controlled substance.

The statute covers possession of the item itself. The prosecution does not need to prove the item was used in the defendant’s presence or that any controlled substance was found alongside it at the time of the arrest. An item that shows clear signs of prior use with a controlled substance satisfies the possession element even when no drugs were present when the defendant was stopped.

Elements of a Drug Paraphernalia Charge in California

To secure a conviction under 11364(a) hs the prosecution must establish beyond a reasonable doubt:

  • The defendant possessed a device or instrument
  • The item was used or intended to be used for unlawfully injecting or smoking a controlled substance
  • The defendant knew the item was in their possession
  • The defendant knew the nature of the item

The knowledge element is frequently contested in these cases. When the item was found in a shared vehicle or shared space and the defendant had no knowledge it was there the charge cannot be sustained. When the item has a legitimate use and no visible evidence of prior drug use the prosecution’s characterization of it as paraphernalia can be challenged directly. Our criminal defense attorney examines every element from the first consultation because a weakness in any one of them defeats the charge entirely.

Is 11364 HS a Felony or Misdemeanor in California?

Possession of drug paraphernalia under 11364 hs is always a misdemeanor. It is not a wobbler and cannot be charged as a felony under this specific statute regardless of the defendant’s prior criminal history or the circumstances of the arrest. A misdemeanor conviction carries up to six months in county jail and fines up to $1,000.

While the misdemeanor designation may seem relatively minor the consequences of a conviction extend significantly beyond the sentence. A permanent criminal record affects employment, housing, and professional licensing in fields that conduct background checks. For non-citizens even a misdemeanor drug paraphernalia conviction can trigger immigration consequences including denial of adjustment of status, denial of naturalization, and in some cases deportation proceedings depending on the specific immigration status and history of the defendant. These consequences make defending even a misdemeanor paraphernalia charge worth taking seriously from the first day.

How HSC 11364 Charges Arise in Los Angeles

Possession of drug paraphernalia charges in Los Angeles most commonly arise in three circumstances. The first is alongside a drug possession charge when law enforcement finds both a controlled substance and paraphernalia during the same search. When both charges are filed together the paraphernalia charge compounds the total exposure and our criminal defense attorney addresses both charges simultaneously from the first consultation. The second is during a traffic stop when paraphernalia is discovered in a vehicle search without any controlled substance present. The third is during a probation or parole search when the defendant is subject to warrantless search conditions and paraphernalia is found in the home or vehicle.

Understanding which circumstance led to the charge shapes the defense because the legality of the search is evaluated differently depending on how law enforcement came to find the item.

Diversion and Dismissal Options for HSC 11364 Charges

For eligible defendants facing a first-time drug paraphernalia charge diversion may be available in Los Angeles County. Under Penal Code 1001.95 judges have broad discretion to divert misdemeanor charges before conviction and require completion of a drug education or counseling program. When diversion is granted and successfully completed the charge is dismissed entirely with no conviction on the record.

Informal diversion through the prosecutor’s office is also available in some cases at the prefiling or early case stage. Our criminal defense attorney pursues every available diversion pathway from the first consultation because a successful diversion completion means no conviction, no permanent record from the charge, and no long-term immigration or licensing consequences.

Legal Defenses Against HSC 11364(a) Charges

The Item Does Not Qualify as Drug Paraphernalia

Not every pipe, syringe, or smoking device qualifies as drug paraphernalia under 11364(a) hs. The statute specifically covers items used for unlawfully injecting or smoking a controlled substance. When the item has a legitimate legal use, when it shows no evidence of prior drug use, or when the prosecution cannot establish the item was used or intended to be used with a controlled substance the charge cannot be sustained. Our criminal defense attorney examines the specific item at issue against the statutory definition and challenges the charge when it does not legally qualify.

Unlawful Search and Seizure

Most drug paraphernalia charges begin with a traffic stop or a search of a vehicle or home. When the stop lacked reasonable suspicion or the search lacked probable cause or exceeded its authorized scope the paraphernalia can be suppressed through a Fourth Amendment motion. Without the physical item the prosecution has no evidence to present and the case must be dismissed. Our criminal defense attorney analyzes the legality of every stop and search from the first consultation because suppression is the most direct path to dismissal in paraphernalia cases.

No Knowledge of Possession

When the item was found in a shared vehicle or shared living space and the defendant genuinely did not know it was there the knowledge element cannot be established. This defense is most effective when multiple people had access to the location and nothing directly connects the item to the defendant. Our criminal defense attorney challenges constructive possession through access records, the physical location of the item, and any evidence connecting it to another occupant of the space.

Contact a Los Angeles Possession of Drug Paraphernalia Attorney Today

Attorney Arash Hashemi has defended clients against drug paraphernalia and drug charges throughout Los Angeles County for over 20 years. He understands how the District Attorney’s office at each filing location approaches HSC 11364 cases, which diversion programs are available at each court, and where the defense has the most leverage from the filing decision through resolution. When you contact our office Attorney Hashemi will review the circumstances of your arrest, analyze whether the search that led to the discovery of the paraphernalia was lawful, evaluate your eligibility for diversion programs that can result in a complete dismissal, and give you an honest assessment of every option available in your specific case. You work directly with Attorney Hashemi at every stage from the first consultation through resolution. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing drug paraphernalia and drug charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.