Health and Safety Code 11364 HS: Possession of Drug Paraphernalia

Health and Safety Code 11364 makes it a misdemeanor to possess a pipe, needle or other object used to unlawfully smoke or inject drugs such as methamphetamine, cocaine, heroin or fentanyl. It carries up to 180 days in county jail, a fine of up to $500, or both, and most cases can be resolved through diversion, which ends in a dismissal.

What HS 11364 means

HS 11364 makes it unlawful to possess an opium pipe or any device or object used for unlawfully injecting or smoking certain controlled substances, including methamphetamine, cocaine, heroin, fentanyl and other narcotic drugs (HS 11364(a)). Common examples are glass pipes and used needles. The object does not have to contain drugs, but residue is often the evidence that it was used for them.

The law does not apply to hypodermic needles or syringes you have only for your own use, to needles and syringes in an approved sharps disposal container, or to someone using a drug checking service (HS 11364(b), (c), (d)). Possessing a device for smoking cannabis, without more, is not a crime under this section. Test strips and other equipment used to check drugs for fentanyl or other contaminants are not paraphernalia (HS 11014.5(d)).

To convict you, the prosecutor must prove each of these beyond a reasonable doubt (CALCRIM 2410):

1. You possessed an object used for unlawfully injecting or smoking a controlled substance
2. You knew the object was there
3. You knew it was an object used for unlawfully injecting or smoking a controlled substance

HS 11364 penalties

• Misdemeanor: a fine of $30 to $500, 15 to 180 days in county jail, or both (HS 11374)
• Probation is common, often with drug education or treatment

Paraphernalia is often charged together with possession (HS 11350, 11377) or being under the influence (HS 11550), which carry more time, so the whole case matters, not just this count.

Diversion

Pretrial diversion under PC 1000 is available for most simple possession and paraphernalia cases if the case involved no violence and, in the past five years, you have no felony conviction and no drug conviction other than these same minor offenses. It requires a plea of not guilty rather than guilty, and when you finish, the charges are dismissed and the arrest is treated as if it never happened for most purposes (PC 1000, 1000.3, 1000.4). Judge-granted misdemeanor diversion (PC 1001.95) can be another option.

Consequences beyond jail

• Immigration: for non-citizens, a paraphernalia conviction can be treated as a controlled substance offense, which can lead to deportation or block a green card, so talk to us before any plea
• Probation and parole: a new case can also be treated as a violation
• Proposition 36: a paraphernalia conviction does not count toward the two priors for a treatment-mandated felony, but a possession conviction does (HS 11395)

Common defenses to HS 11364

It depends on the evidence. Common defenses include:

• The item was not yours, or you didn't know it was there, for example in a shared car or home
• The item was not used for drugs, or was used only for cannabis or tobacco
• It was a needle or syringe for personal use, which the law allows
• The stop or search was illegal, so the item can be thrown out (PC 1538.5)

We review the police report, body camera video, the search and any lab results to find the weaknesses in the case.

Related charges

• HS 11350 possession of heroin, cocaine or fentanyl
• HS 11377 possession of methamphetamine
• HS 11550 under the influence
• HS 11378 possession for sale
• Drug Crimes (practice page)

HS 11364 cases in Riverside and San Bernardino counties

Paraphernalia charges often start with a traffic stop or a probation or parole search. Riverside County files more Proposition 36 drug cases than most of California: in 2025 it had 1,769 treatment-mandated felony filings, the third-highest in the state, according to the Judicial Council. San Bernardino County had 289. A paraphernalia conviction does not count toward Proposition 36, but a possession conviction filed in the same case does, so how the whole case ends matters here.

The Riverside County Superior Court holds adult drug court calendars at the Riverside Hall of Justice and the Larson Justice Center in Indio, and Riverside University Health System's substance use CARES Line, (800) 499-3008, connects callers to county treatment services, which are aimed mainly at people with Medi-Cal. In San Bernardino County, cases from Rancho Cucamonga, Ontario, Upland, Chino, Chino Hills, Montclair, Fontana and Rialto are heard at the West Valley courthouse in Rancho Cucamonga; cases from San Bernardino, Colton, Highland, Redlands, Loma Linda and Yucaipa at the San Bernardino Justice Center; and cases from Victorville, Hesperia and Apple Valley at the Victorville courthouse. Our office is in Riverside, and Yvonne Todd began her career as a Public Defender in San Bernardino.

Read the official text of HS 11364 on the California Legislative Information site.

This page is general information about California law, not legal advice about your case. Reading it does not create an attorney-client relationship.