Skip to Content Top
HS 11364 Ready to Work for YOU

HS 11364 – California Possession of Drug Paraphernalia

In California, when a person is found to be in possession of illegal drug paraphernalia they can be charged with violating California Health and Safety Code 11364 HS. This law applies to anything that a person could use to unlawfully smoke or inject a controlled substance.

More often than not, this charge is applied to those who are found in possession of drugs as well as paraphernalia to smoke or inject those drugs. Instances in which defendants are found in possession of a controlled substance and paraphernalia make it easier for prosecutors to prove that the devices in question were intended to be used for consuming illegal substances.

What Devices Could Result In An Hs 11364 Conviction?

11364 HS could be applied to a wide variety of different items. Some of the most common include pipes, syringes or hypodermic needles, and cocaine spoons. Depending upon your circumstances, prosecutors may charge you with an HS 11364 violation for being in possession of common household items.

If certain items are found near illegal substances, prosecutors could make the argument that you were planning to use those items to consume controlled substances.

How Do I Avoid Being Convicted?

Bob lives in a broken down home with several tenants that regularly use heroin. On any given day, Bob and his roommates can be found in the house living room preparing their fix and helping each other administer the drugs. One day, police officers enter the home with a warrant, but the only person home at the time is Bob. The officers find drug paraphernalia items in the living room and proceed to charge Bob with violating HS 11364. Although Bob explains that the drugs and paraphernalia are not his, the police charge him anyways. Bob should be able to be acquitted since the drugs and paraphernalia are located in a room shared by all of the tenants.

There are other instances where the person charged with violating HS 11364 are unaware that the objects confiscated are tools for using illegal drugs. This particular defense is most successful when the defendant does not have a history of drug possession, sales, or transportation.

Another situation that could help a defendant avoid a conviction is one in which he or she was unaware the paraphernalia was present. This can happen if you borrow someone else’s clothing or car. If the drug paraphernalia belongs to someone else and you have some sort of evidence to help support this claim, you may be able to avoid a conviction.

One situation that has become increasingly common is instances in which police officers fail to adhere to the laws governing police investigations resulting in an unlawful search and seizure. If your arresting officer broke any laws during the course of their investigation that resulted in your HS 11364 charge, you may have the ability to have your charges dismissed.

What Are The Penalties For Violating HS 11364?

If you successfully complete the program and avoid probation violations the judge will dismiss your charges. If you fail to complete your diversion program, you may be ordered to serve time in jail for your offense. The chances that you have been charged with this offense without any other charges are slim. Those who are charged with health and safety code 11364 often face charges of possession, sales, trafficking, and other offenses as well.

How Our Defense Attorneys Can Help You

Those facing charges for violating Health and Safety Code 11364 are invited to contact our law offices by calling 888-250-2865. A Newport Beach Drug Crime Lawyer at the Law Offices of Randy Collins can provide you with a free case evaluation to help you determine what options are available for your California drug crime as well as what steps you can take to help ensure your freedom.

Let us use our 40 years of combined drug crime defense legal experience to help you avoid a conviction and move on with your life.

The CMC Promise

Values We Stand By
  • Commitment
  • Meticulous
  • Competent

Expect the best

Why We're The Right Choice
  • Over 45 Years of Collective Experience
  • We Offer Representation in Spanish
  • Free Initial Consultation
  • Highly Respected by Peers and Clients
  • Impressive Track Record of Results
  • Former Deputy District Attorney

Request Your Consultation

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
  • "Case Dismissed"
    Case dismissed! I got my girlfriend an attorney to help clear up a warrant she had as well as an outstanding case. The warrant was three years old and she skipped out on court. Randy got case dismissed and warrant is now gone. Only took him one week to accomplish this! Thanks for your help Randy Collins!
    John W.
  • "Easy Communication and Genuine Care"
    I called Randy's office essentially in a panic looking for help for my infant daughter and I in a very difficult case. He and his staff immediately consulted with me, and ultimately resolved my case in the most direct and quickest manner possible. I could not be more grateful or complimentary of how Randy handled my case, as well as the easy communication and genuine care for my well-being. I could not recommend Randy more.
    Nichole C.
  • "Randy Collins is Knowledgeable and Experienced"
    Randy Collins is knowledgeable and experienced. He knows the court system and can help you navigate through it. I believe he gives an honest assessment of the situation and will protect his clients. Highly recommended.
    Mike W.
  • "Thank You Randy Collins"
    I utilized Mr. Collins services to fight a drug case, which could have ended my career. Mr. Collins was not only very knowledgeable regarding my rights, but also handled my case with the most professionalism that I have yet to experience. His staff was also very friendly and efficient when having any doubts or concerns. At the end my drug case was dropped, I was able to continue my career.
    Jackie
  • "It Was a Welcome and Uplifting Experience"
    I called to inquire about a case I was facing, this was one of the many attorneys I was speaking with during a free consult about my next steps. The future was looking more and more alarming as the implications of what I was facing were becoming clear. Halfway through explaining my situation, he interrupted me and asked some basic information, put me on hold for one second and came back telling me he had called around and found out that my case was not proceeding. Four other attorneys I had spoken to did not do this, and in fact had used scare tactics and worst case scenarios to try and hard sell me into signing a retainer. (unfortunately, the evening before I HAD with another attorney signed a retainer but that's for another review) Although I did not need to retain the services of this office, I believe that single action speaks worlds about the integrity, helpfulness, intelligence and capabilities of this office. In a world that is so difficult for the uninitiated, such as the legal system, it seems people are taking advantage of you at every turn. It was a welcome and uplifting experience to see the opposite of that with this law office and I am so grateful I was able to find them and know I could call them if anything were to ever happen to me later in life and know I could trust this team.
    Chris A.
  • "Always Helped Me Understand"
    My son had gotten into some trouble, so thankfully we found Mr. Collins and his paralegal Chris. Every time I called the office, Chris or Mr. Collins guided me through every step and always helped me understand. The legal system is very complicated! But with their assistance and expertise, I couldn't be happier with the outcome of my son's case.
    G.G.
  • "Professionalism, Quality, Responsiveness, Value"
    Attorney Randy is such a great person, he responds really fast and honestly boosts your confidence and morale. I just felt 10x better after one phone call. I appreciate your time Attorney Collins.
    Mark S.
  • "We Need More Lawyers Like You"
    Randy before I call him a professional honest lawyer, he is a human being person and sample of pure lawful person, he won’t do business through your case, he help you before even be your lawyer, with no contract!!! Wow I have never seen a lawyer as honest as him. He left me speechless about his prediction for my case, without charging me. He tells what you need to know with no charge. He was like an angel when I needed him. I couldn’t afford even his advice, but he gave me free information when nobody did . I won’t forget your help. Dear Randy I just was watching my pictures and saw your business card, I don’t remember who introduced you to me. But just wanted to say thank you. We need more lawyers like you.
    Roya P.