Penalties for Possession of Drug Paraphernalia in California HS 11364

Penalties for possession of drug paraphernalia and related offenses

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

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

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

• 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

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

How to Get a Drug Paraphernalia Charge Dropped 

Finding an experienced drug offense defense attorney at Wallin & Klarich

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