Possession of Drug Paraphernalia – California Health and Safety Code 11364(a)

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Strong Legal Representation for Drug Paraphernalia Charges in California

If you have been charged under 11364(a) hs in Los Angeles you are facing a possession of drug paraphernalia charge that carries a permanent criminal record, affects professional licensing and immigration status, and in many cases accompanies a more serious drug possession charge that compounds the total exposure. At The Law Offices of Arash Hashemi our Los Angeles possession of drug paraphernalia attorney has spent over 20 years defending clients against drug charges throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free confidential consultation.

What Does 11364(a) HS M Mean on a Citation or Court Notice?

If your citation, court notice, or background check lists a charge such as “11364(a) HS M,” here is what it means:

  • 11364(a) is the code section for possession of drug paraphernalia.
  • HS stands for California’s Health and Safety Code.
  • M means the charge was filed as a misdemeanor.

Some records also list a numeric offense code that courts and law enforcement agencies use for tracking. The charge is often filed alongside possession of a controlled substance (HS 11350) or being under the influence (HS 11550).

Most people charged under 11364(a) are cited and released with a written promise to appear in court. Missing that court date can lead to a bench warrant and a separate charge for failure to appear. Your first court date is the arraignment, where you enter a plea. For a misdemeanor, an attorney can usually appear in court on your behalf, so you may not need to attend in person.

Possession of Drug Paraphernalia Under California Law

California Health and Safety Code 11364(a) makes it unlawful for any person to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance. The statute is specifically directed at items used to consume controlled substances rather than items used to sell or distribute them. Common items charged under this statute include glass pipes, bongs, spoons with residue, tin foil with burn marks, and other items that show evidence of use with a controlled substance.

Some items are specifically excluded. Under HS 11364(d), possessing hypodermic needles or syringes solely for personal use is not a crime, and the law does not apply to needles stored in an approved disposal container. Fentanyl test strips and other drug-checking equipment are also not considered paraphernalia under California law.

The statute covers possession of the item itself. The prosecution does not need to prove the item was used in the defendant’s presence or that any controlled substance was found alongside it at the time of the arrest. An item that shows clear signs of prior use with a controlled substance satisfies the possession element even when no drugs were present when the defendant was stopped.

Elements of a Drug Paraphernalia Charge in California

To secure a conviction under 11364(a) hs the prosecution must establish beyond a reasonable doubt:

  • The defendant possessed a device or instrument
  • The item was used or intended to be used for unlawfully injecting or smoking a controlled substance
  • The defendant knew the item was in their possession
  • The defendant knew the nature of the item

The knowledge element is frequently contested in these cases. When the item was found in a shared vehicle or shared space and the defendant had no knowledge it was there the charge cannot be sustained. When the item has a legitimate use and no visible evidence of prior drug use the prosecution’s characterization of it as paraphernalia can be challenged directly. A weakness in any one of these elements can defeat the charge entirely.

Is HS 11364(a) a Felony or Misdemeanor in California?

Possession of drug paraphernalia under 11364 hs is always a misdemeanor. It is not a wobbler and cannot be charged as a felony under this specific statute regardless of the defendant’s prior criminal history or the circumstances of the arrest. A misdemeanor conviction carries up to six months in county jail and fines up to $1,000.

While the misdemeanor designation may seem relatively minor the consequences of a conviction extend significantly beyond the sentence. A permanent criminal record affects employment, housing, and professional licensing in fields that conduct background checks. For non-citizens even a misdemeanor drug paraphernalia conviction can trigger immigration consequences including denial of adjustment of status, denial of naturalization, and in some cases deportation proceedings depending on the specific immigration status and history of the defendant. These consequences make defending even a misdemeanor paraphernalia charge worth taking seriously from the first day.

How HS 11364(a) Charges Arise in Los Angeles

Possession of drug paraphernalia charges in Los Angeles most commonly arise in three circumstances. The first is alongside a drug possession charge when law enforcement finds both a controlled substance and paraphernalia during the same search. When both charges are filed together, the paraphernalia charge adds to the total exposure, and both charges should be defended together. The second is during a traffic stop when paraphernalia is discovered in a vehicle search without any controlled substance present. The third is during a probation or parole search when the defendant is subject to warrantless search conditions and paraphernalia is found in the home or vehicle.

Understanding which circumstance led to the charge shapes the defense because the legality of the search is evaluated differently depending on how law enforcement came to find the item.

Diversion and Dismissal Options for HSC 11364 Charges

Many first-time defendants qualify for pretrial drug diversion under Penal Code 1000. Instead of being convicted, you complete a drug education or treatment program, and the charge is dismissed once the program is finished.

For eligible defendants facing a first-time drug paraphernalia charge diversion may be available in Los Angeles County. Under Penal Code 1001.95 judges have broad discretion to divert misdemeanor charges before conviction and require completion of a drug education or counseling program. When diversion is granted and successfully completed the charge is dismissed entirely with no conviction on the record.

Informal diversion through the prosecutor’s office is also available in some cases at the prefiling or early case stage. A successful diversion means no conviction, no permanent record from the charge, and far fewer long-term immigration or licensing consequences.

Can an 11364 Conviction Be Expunged?

Yes. If you were convicted of possession of drug paraphernalia, you can generally petition for an expungement under Penal Code 1203.4 after completing probation. If you were not placed on probation, you can usually apply one year after the conviction under Penal Code 1203.4a. An expungement dismisses the conviction, which means you generally do not have to disclose it to most private employers. Many older misdemeanor convictions may also qualify for automatic record relief under California’s Clean Slate laws.

Legal Defenses Against HS 11364(a) Charges

The Item Does Not Qualify as Drug Paraphernalia

Not every pipe, syringe, or smoking device qualifies as drug paraphernalia under 11364(a) hs. The statute specifically covers items used for unlawfully injecting or smoking a controlled substance. When the item has a legitimate legal use, when it shows no evidence of prior drug use, or when the prosecution cannot establish the item was used or intended to be used with a controlled substance the charge cannot be sustained.

Unlawful Search and Seizure

Most drug paraphernalia charges begin with a traffic stop or a search of a vehicle or home. When the stop lacked reasonable suspicion or the search lacked probable cause or exceeded its authorized scope the paraphernalia can be suppressed through a Fourth Amendment motion. Without the physical item the prosecution has no evidence to present and the case must be dismissed. Suppression is often the most direct path to dismissal in paraphernalia cases.

No Knowledge of Possession

When the item was found in a shared vehicle or shared living space and the defendant genuinely did not know it was there the knowledge element cannot be established. This defense is most effective when multiple people had access to the location and nothing directly connects the item to the defendant. Learn more about constructive possession of drugs in California.

Contact a Los Angeles Possession of Drug Paraphernalia Attorney Today

Attorney Arash Hashemi has defended clients against drug paraphernalia and drug charges throughout Los Angeles County for over 20 years. He understands how the District Attorney’s office at each filing location approaches HSC 11364 cases, which diversion programs are available at each court, and where the defense has the most leverage from the filing decision through resolution. When you contact our office Attorney Hashemi will review the circumstances of your arrest, analyze whether the search that led to the discovery of the paraphernalia was lawful, evaluate your eligibility for diversion programs that can result in a complete dismissal, and give you an honest assessment of every option available in your specific case. You work directly with Attorney Hashemi at every stage from the first consultation through resolution. Contact our office today for a free confidential consultation. Learn more about our Los Angeles drug crimes defense practice.

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We are conveniently located in the Westside Towers serving clients facing drug paraphernalia and drug charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.