Health & Safety Code 11364 makes it a misdemeanor to possess drug paraphernalia — a pipe, a needle, a spoon — used to inject or consume a controlled substance.
It carries up to six months in county jail, is often stacked on a possession count, and is a strong candidate for diversion.
What HS 11364 Says
HS 11364 covers possessing an object used for unlawfully injecting or consuming a controlled substance. It is frequently charged on its own, or stacked on top of a drug possession count (HS 11377) from the same stop.
Penalties
Possession of drug paraphernalia under HS 11364 is a misdemeanor carrying up to six months in county jail.
Defenses and Ways It Ends Without a Conviction
- The item was not paraphernalia or had a lawful use. California’s syringe-access rules also matter for needle cases.
- No knowing possession. The item was not yours, or you did not know it was there.
- Unlawful search. A motion to suppress under PC 1538.5 can take the evidence off the table.
- Judicial diversion (PC 1001.95) and mental health diversion (PC 1001.36) — drug cases are flagship diversion candidates that end in dismissal. See our drug possession defense page.
Frequently Asked Questions
Is possession of drug paraphernalia a misdemeanor in California?
Yes. Under HS 11364, possessing paraphernalia used to inject or consume a controlled substance — a pipe, a needle, a spoon — is a misdemeanor carrying up to six months in county jail.
Can an HS 11364 paraphernalia charge be dismissed?
Often. Drug cases are flagship candidates for judicial diversion under PC 1001.95 and mental health diversion under PC 1001.36, both of which end in dismissal. If the item was found through an unlawful search, a motion to suppress under PC 1538.5 can also end the case.
What is the difference between HS 11364 and HS 11377?
HS 11364 covers the paraphernalia — the pipe or needle. HS 11377 covers the controlled substance itself (methamphetamine and similar drugs). The two are often charged together from a single stop and are defended the same way.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com