Possession of Drug Paraphernalia Penalty and Punishment – Health & Safety Code Section 11364

There are many different penalties for possession of drug paraphernalia. Some charges can result in a misdemeanor conviction while others may also result in the loss of your business license.

What if I am convicted of delivering, furnishing, or transferring drug paraphernalia? California Health and Safety Code Section 11364.7

A conviction of delivering, furnishing, or transferring drug paraphernalia will result in a misdemeanor conviction and jail time for up to one year in a county jail, by a fine of up to one thousand dollars ($1,000), or by both that imprisonment and fine. See California Health and Safety Code Section 11364.7(a), (c).

What if I am convicted of possessing cocaine, heroin, or meth drug paraphernalia? California Health and Safety Code Section 11364.7(b)

A conviction of possessing cocaine, heroin, or meth drug paraphernalia will result in imprisonment up to three years in state prison.

Any person who manufactures with the intent to deliver, furnish or transfer drug paraphernalia knowing, or under the circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body cocaine, cocaine base, heroin, phencyclidine, or methamphetamine shall be punished by imprisonment up to three years in state prison. See California Health and Safety Code Section 11364.7(b).

What if my business is in violation of the drug paraphernalia laws? California Health and Safety Code Section 11364.5

If you are caught illegally selling or distributing paraphernalia through your business, your business license may be revoked and you may not be able to renew it.

Operation of a business in violation of the California drug paraphernalia laws shall be grounds for revocation or non-renewal of any license, permit, or any other entitlement previously issued by a city, county, or city and county for the privilege of engaging in such business and shall be grounds for denial of any future license, permit, or any other entitlement authorizing the conduct of such business or any other business, if the business includes the sale of drug paraphernalia. See California Health and Safety Code Section 11364.5(g).

What is the punishment if the drug paraphernalia is delivered/furnished/transferred to a person who is under the age of 18? California Health and Safety Code Section 11364.7(c)

Any person who is 18 years of age or older who delivers, furnishes, or transfers drug paraphernalia to a person who is under 18 years of age or who is at least three years his or her junior who knows or reasonably should know that it will be used by a person under 18 years of age to inject into the human body a controlled substance, is guilty of a misdemeanor and shall be punished by imprisonment in a county jail for not more than one year, by a fine up to one thousand dollars ($1000). See California Health and Safety Code Section 11364.7(c).

What if I am arrested for possession of drug paraphernalia in a school zone or at a school? California Health and Safety Code Section 11364.7(c)

If arrested on the grounds of a public or private elementary, vocational, junior high, or high school while in possession of a hypodermic needle, you will be subject to imprisonment in a county jail for not more than one year, by a fine up to one thousand dollars ($1,000), or by both that imprisonment and fine. See California Health and Safety Code Section 11364.7(c).

Alternative Punishment – California Health and Safety Code Section 11350

Even though the court has the legal power to sentence to you to a state prison that does not mean that you will be sentenced to state prison. The court also has the power to place you on probation. If you are placed on probation the court may impose from one day to one year in the county jail as a condition of probation.

If you are placed on felony probation for this offense, this means you likely will have a probation officer. You will have to report to the probation officer on a regular basis. You also may be ordered to “test” regularly so the probation officer can be certain you are not using illegal drugs. In addition, you likely have to give up your “search and seizure rights” during the period of your probation. This means that any member of law enforcement who knows you are on felony probation can search your person or property or home without the need for a search warrant.

In addition, you are placed on felony probation this means that if your probation officer believes you have violated any of the terms of your probation he can arrest you without a warrant. In most cases if this happens you will sit in jail without bail until the judge decides whether you in fact did violate your probation. If the judge finds you did violate your probation, you can then be sent to state prison.

In addition to the above punishments, Health and Safety Code Section 11350(d) allows the judge to grant probation; however, the judge can still impose the following conditions of probation:

1. For a first offense under Section 11350, a fine of at least one thousand dollars ($1,000) or community service.
2. For a second or subsequent offense under Section 11350, a fine of at least two thousand dollars ($2,000) or community service.
3. If a defendant does not have the ability to pay the minimum fines specified in (1) and (2), community service shall be ordered in lieu of the fine.

If you are arrested for a drug offense, it is critical that you retain an experienced California drug crimes criminal defense law firm to assist you with your case. The experienced attorneys at Wallin & Klarich can provide you with the best possible defense in your drug case. We will be there when you call.