Penalties for Possession of Drug Paraphernalia in California HS 11364

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Under California Health and Safety Code section 11364, a paraphernalia charge is a misdemeanor, and the sentencing and penalties for possession of drug paraphernalia consist of up to one year in county jail, and a maximum fine of $1,000. Our criminal defense attorneys with over 40 years of experience helping clients facing all types of drug-related offenses in California explain the sentencing and penalties for possession of drug paraphernalia convictions. Speak to us today for immediate help.

Penalties for possession of drug paraphernalia and related offenses

In addition to simple possession, the California legislature has criminalized several related offenses involving the manufacturing and delivering of drug paraphernalia or furnishing such items to minors. Here are a few related offenses that can give rise to criminal liability:

Drug paraphernalia is charged as a misdemeanor in California, and the penalties associated with a drug paraphernalia conviction consist of one year in county jail, and a maximum fine of $1000.
What is the sentencing and penalties for possession of drug paraphernalia in California (HS 11364)?
  • Delivering or manufacturing drug paraphernalia {CA PC 1164.7(b)}: Any person who delivers, furnishes, or transfers drug paraphernalia while knowing that it will be used to consume a controlled substance is guilty of a misdemeanor punishable by up to a year in county jail and a maximum $1,000 fine.
  • Furnishing  drug paraphernalia to a minor {CA PC 1164.7(c)}: Any person who is 18 years or older and who furnishes, delivers, or transfers drug paraphernalia to a minor (under 18) is guilty of a misdemeanor punishable by up to a year in county jail and a maximum $1,000 fine.
  • Possession of a hypodermic needle on school grounds {CA PC 1164.7(c)}: Any person who possesses a hypodermic needle upon the grounds of a public or private elementary, vocational, junior high, or high school while knowing that it will be used by a minor to inject a controlled substance is guilty of a misdemeanor punishable by up to a year in county jail and a maximum $1,000 fine.

 

Punishment for businesses furnishing drug paraphernalia

Under California Health and Safety Code 11364.5, it is illegal to maintain or operate a business in which drug paraphernalia is kept, displayed, or offered unless such items are kept or displayed in a separate room in which minors (under 18) are excluded unless accompanied by an adult. Although a violation of this section will not subject you to criminal liability, it will constitute grounds for revocation or non-renewal of your business license and could adversely affect any future attempts at securing a license.

Court options at the time of determining sentence and penalties for possession of drug paraphernalia convictions

punishment for possession of drug paraphernalia
Penalties for possession of drug paraphernalia include a county jail sentence of up to 364 days in county jail.

If you are convicted of possession of drug paraphernalia, the court has discretion in determining your punishment depending on the circumstances of your case. If convicted of a drug paraphernalia charge in California, the court has the following options at time of sentencing:

  • The court can sentence you to up to a year in county jail and a maximum $1,000 fine
  • Place you on probation and impose a sentence of up to one year in county jail
  • Place you on probation with no jail time, but order you to do community service, a work release program and attend drug counseling or substance abuse classes
  • Place you on formal probation and assign you a probation officer
  • Offer you a drug diversion program and upon its successful completion, your case can be dismissed (see California Penal Code section 1000)

 

Probation terms for drug paraphernalia convictions

When you are placed on probation the court will impose specific terms of probation that apply to the crime for which you were convicted. These terms of probation will include:

  1. Violate no law (other than a traffic infraction)
  2. Visit your probation officer as often as required by your probation terms
  3. Perform community service
  4. Attend drug counseling or drug diversion programs pursuant to California Penal Code section 1000 (if you qualify) or Proposition 36
  5. Random drug testing
  6. Impose a fine of at least $1,000 for a first offense under Health and Safety Code section 11364
  7. Impose a fine of at least $2,000 for a second offense under Health and Safety Code section 11364

These are only a few of the probation terms that a court can impose. If you are found to be in violation of any of these terms, the court can sentence you to the maximum time allowed by law.

Finding an experienced drug offense defense attorney at Wallin & Klarich

partners 2015 - possession of drug paraphernalia
Contact the attorneys at Wallin & Klarich if you are facing penalties for possession of drug paraphernalia

The penalties for possession of drug paraphernalia convictions are harsh and can adversely affect both, your personal and professional life. If you or someone you know has been accused of a possession of drug paraphernalia charge in California, you need to contact an experienced California criminal defense lawyer who will carefully review the facts and the law to give you the best representation possible.

With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, Wallin & Klarich has over 40 years of experience in defending our clients against charges of possession of drug paraphernalia.  We will carefully review the evidence against you and help you win your case.

Call us today at (877) 4-NO-JAIL or (877) 466-5245. You may also fill out our client information form for immediate help. We will get through this together.

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