California Health & Safety Code §11364 — Possession of Drug Paraphernalia
Health & Safety Code §11364 makes it a misdemeanor to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance. It carries up to 6 months in county jail and a $1,000 fine — but is one of the most divertable drug charges in the code.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Possession of Drug Paraphernalia Cases in All LA County Courts
01 — Quick Facts
HS §11364 — Possession of Drug Paraphernalia at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Health & Safety Code §11364 — Possession of Drug Paraphernalia |
| Code Type | Health & Safety Code (HS) |
| Classification | Misdemeanor |
| Jail Term | Up to 6 months county jail |
| Fine | Up to $1,000 |
| Common Items | Pipes, syringes, bongs, glass stems, scales, bindles |
| Diversion | PC §1000 pretrial diversion — dismissal on completion |
| §11364.5 Exception | Syringe/needle exchange programs are exempt |
| Immigration | Not an aggravated felony; may still trigger inadmissibility grounds |
| Strike | No |
| Ancillary Charge | Almost always filed with §11350 / §11377 possession |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is HS §11364?
What Is California Code §11364?
HS §11364 Reads:
"It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance ... Any person who violates this section is guilty of a misdemeanor."
— California Health & Safety Code §11364
§11364 targets the objects used to consume controlled substances — not the drugs themselves. It is charged when officers find items like pipes, syringes, bongs, or glass stems, either alone or (more commonly) alongside a §11350 or §11377 simple-possession charge.
§11364 vs Simple Possession
Simple possession (§11350 opiates/cocaine; §11377 methamphetamine) punishes the drug. §11364 punishes the delivery instrument. Both are misdemeanors post-Prop 47 and both are eligible for §1000 pretrial diversion — dismissal on completion of a drug-education program.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under HS §11364
The prosecution must prove each element beyond a reasonable doubt.
Possession
Defendant possessed the device or paraphernalia — actual or constructive.
Character of the Object
The object was designed for or used to unlawfully inject or smoke a controlled substance.
Knowledge of Presence and Nature
Defendant knew of the object's presence and knew its character as drug paraphernalia.
04 — Penalties
Penalties for HS §11364 Possession of Drug Paraphernalia in California
§11364 is a misdemeanor with substantial diversion off-ramps.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Paraphernalia Possession | HS §11364 | Up to 6 months county jail | Available; §1000 diversion primary | No |
| Simple Possession — Meth/Cocaine | HS §11350 / §11377 | Up to 1 year jail (comparison) | Available; §1000 diversion | No |
| Possession For Sale | HS §11351 / §11378 | 16m/2/3 yrs county jail (comparison) | Available | No |
Sentencing Enhancements
School Zone
HS §11380
Enhanced penalties if paraphernalia found within 1,000 feet of a school with a minor present.
Probation Violation
PC §1203.2
§11364 arrest triggers immediate probation-violation exposure on prior drug cases.
License Consequence
VC §13202
DMV suspension for drug-related convictions of drivers under 21.
Additional Consequences Beyond Prison
- Automatic §1000 diversion eligibility on first-time filings
- Immigration exposure — controlled-substance offense inadmissibility
- Professional licensing impact for nurses, teachers, and pharmacy techs
- Firearm restrictions during probation
- Federal financial-aid consequences for students on drug conviction
Sentencing References
05 — Defense Strategies
How Rubin Law Defends HS §11364 Possession of Drug Paraphernalia Charges
§11364 defenses attack possession, knowledge, and the character of the object.
PC §1000 Pretrial Diversion
First-time drug filings qualify for §1000 diversion — dismissal on completion of a drug-education program.
§1000
Fourth Amendment Suppression
Suppress paraphernalia recovered from unlawful stops, searches, or pat-downs.
§1538.5
Dual-Use / Non-Paraphernalia
Glass tubes, scales, and small baggies have lawful uses. Without residue, the object's character is contestable.
Element
No Knowledge / Constructive Possession
Shared vehicles, borrowed jackets, and third-party belongings defeat knowledge.
Mens Rea
§11364.5 Syringe Exception
Syringes obtained through needle-exchange programs are statutorily exempt.
Exception
Constitutional Sources
07 — Court Process
How HS §11364 Possession of Drug Paraphernalia Cases Move Through Los Angeles Courts
§11364 cases move quickly through misdemeanor calendars.
- 1
Step 1 — Arrest / Cite-Out
Almost always cited out — physical arrest reserved for prior warrants.
- 2
Step 2 — Arraignment
Not-guilty plea; discovery scheduled.
- 3
Step 3 — §1000 Motion
Diversion motion filed at or before pretrial conference.
- 4
Step 4 — Diversion or Trial
Successful completion → dismissal. Contested cases proceed to bench or jury trial.
Los Angeles Courts That Handle HS §11364 Possession of Drug Paraphernalia Cases
§11364 cases are handled at every LA County misdemeanor calendar.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Possession of Drug Paraphernalia Defense Attorney
Daniel S. Rubin has defended clients charged with possession of drug paraphernalia and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under HS §11364 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Possession of Drug Paraphernalia Cases Throughout LA County
See our full Possession of Drug Paraphernalia defense practice
09 — FAQs
HS §11364 Possession of Drug Paraphernalia Questions — Los Angeles
Will HS §11364 stay on my record?
Not if you complete PC §1000 diversion. The case is dismissed and the arrest can be sealed under PC §851.87.
Does §11364 require the object to have residue?
No — but without residue the prosecution must prove the object's character and unlawful purpose by other evidence.
Are syringes always illegal to possess?
No. HS §11364.5 and California's needle-exchange programs create statutory exceptions to §11364.
Does §11364 affect immigration?
Yes. Any controlled-substance offense — even paraphernalia — is inadmissibility grounds. §1000 diversion followed by dismissal is the immigration-safe path.
Available 24/7 — Free Consultation
Charged With HS §11364 in Los Angeles?
§1000 diversion + dismissal is available on most first-time filings. Rubin Law, P.C. — (213) 723-2337.