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Possession of Paraphernalia

  • Health & Safety Code 11364

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California Bondsman for Possession of Paraphernalia

Health & Safety Code 11364

Possessing drug paraphernalia is a misdemeanor, punishable by up to six months in a county jail and a maximum $1,000 fine.
In addition, a conviction for Health and Safety Code 11364 HS…or for that matter, even an arrest for this section…could lead to professional repercussions for those who hold professional licenses.

This is because convictions and even arrests can affect California professional licenses. For example, teachers who are accused of violating this law may be placed on an immediate leave of absence pending the resolution of the charge(s).

Alternative sentencing / drug diversion
Some people convicted of California’s possession of drug paraphernalia law will be eligible for alternative sentencing known as drug diversion.
Drug rehabilitation is offered in lieu of jail to those who have committed non-violent, drug possession and drug use offenses. This type of alternative sentence is available under California Proposition 36 and under Penal Code 1000 PC California’s drug diversion or “deferred entry of judgment” program

When you participate in drug diversion, you enter a guilty plea or a no contest plea to the applicable charge(s). As a condition of probation, the judge orders you to complete drug rehabilitation. If you do so, the judge dismisses your charge. If you do not, the judge has the discretion to order you to serve a jail sentence.18
These programs are designed to allow drug addicts the opportunity to participate in rehabilitation so that they avoid future criminal activity.