17 AugPenalties, Fine Punishment & Sentencing

Penalties, Punishment, and Sentencing 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). For more information on this criminal matter contact a Santa Barbara criminal lawyer for a free consultation to discuss your case confidentially, do not hesitate to contact us at  Santa Barbara lawyer, we list attorneys in Isla Visa, Montecito, Goleta, Carpinteria, Santa Barbara, Santa Ynez and throughout Santa Barbara County.

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 nolo contendere plea (more commonly referred to as “no contest”) 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.

These programs are designed to allow drug addicts the opportunity to participate in rehabilitation so that they avoid future criminal activity. However. Santa Barbara criminal lawyer If you are simultaneously convicted of California Health and Safety Code 11364 HS and

  1. A separate misdemeanor offense that doesn’t involve simple possession or drug use (which includes driving under the influence of drugs),19 or
  2. A felony, you will be disqualified from participating in this program. Similarly, if you are convicted for violating:

•    Health and Safety Code 11351 HS California’s “drug possession for sale” law, or
•    Health and Safety Code 11352 HS California’s transporting or selling a controlled substance” law,

you will not be entitled to participate in a diversion program. Health and Safety Code 11364 HS California’s “possession of drug paraphernalia” law is closely related to a couple of other California drug offenses.

Health and Safety Code 11364.5 HS

Health and Safety Code 11364.5 HS prohibits operating a business where drug paraphernalia is stored, displayed, or sold for use with legal substances except when it is kept in a room that is inaccessible to minors (that is, persons under 18) who are not accompanied by a parent. If guilty of this offense, the owner does not face criminal penalties but stands to lose his/her California business license or permit. Additionally, any drug paraphernalia will be seized by and forfeited to the state.

Health and Safety Code 11364.7 HS

Health and Safety Code 11364.7 HS prohibits people from possessing, furnishing, transporting, or manufacturing drug paraphernalia when they know or reasonably should know that the paraphernalia will be used in connection with illegal drug use or sales.23
This section additionally punishes adults who furnish minors with paraphernalia, or Possess hypodermic needles on school grounds intending (or knowing) that a minor will use the needles to inject illegal drugs.

Depending on the exact violation, violations of this section may be charged as either

•    a misdemeanor (subjecting the accused to up to one year in a county jail and a maximum $1,000 fine), or
•    a felony (punishable by 16 months, or two or three years in the California state prison and a maximum $10,000 fine).

For more information on California drug crimes, or to discuss your case confidentially with one of our attorneys, do not hesitate to contact us at Lawyer Santa Barbara, we list lawyers in Isla Visa, Montecito, Goleta, Carpinteria, Santa Barbara.

Legal References:

Our California criminal defense attorneys have local Santa Barbara law offices in Isla Visa, Montecito, Goleta, Carpinteria and Santa Barbara
California Health and Safety Code 11364 HS – California’s possession of paraphernalia law. (“(a) It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking (1) a controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (2) of subdivision (d) of Section 11055, or (2) a controlled substance which is a narcotic drug classified in Schedule III, IV, or V.”)

Penalties, Fine Punishment & Sentencing Attorney

The reason is that diversion is reserved exclusively for those persons who need help with their personal addiction issues. Selling drugs is thought to be more criminal in nature. As a result, the state punishes such behavior instead of offering rehabilitation services. For more information on this criminal matter contact a Santa Barbara criminal lawyer for a free consultation to discuss your case confidentially, do not hesitate to contact us at  Santa Barbara lawyer, we list attorneys in Isla Visa, Montecito, Goleta, Carpinteria, Santa Barbara, Santa Ynez and throughout Santa Barbara County. If you do qualify for a drug diversion program, you will be subject to drug testing as a condition of your probation under California’s probation laws.

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