11364 HS Explained: California Drug Paraphernalia Law

California Health and Safety Code section 11364 makes it unlawful to possess an opium pipe or any device or paraphernalia used for unlawfully injecting or smoking certain controlled substances, including methamphetamine, heroin, and cocaine. Its three exceptions cover sharps-disposal containers, drug checking services, and needles and syringes possessed solely for personal use.

This page covers what section 11364 says as published on the California Legislature's official site after its most recent amendment (effective January 1, 2026), what the prosecution has to prove under the state's jury instructions, and what the section does and does not say about punishment. It covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What 11364 HS says

Section 11364 is the first section of Article 4, "Miscellaneous Offenses and Provisions," in the Uniform Controlled Substances Act's chapter on offenses and penalties. It has four subdivisions.

11364(a): the paraphernalia rule

"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 that is a narcotic drug classified in Schedule III, IV, or V."

The rule is about objects used for injecting or smoking. It does not list every controlled substance.

Which drugs those schedules include

• Methamphetamine. Section 11055(d)(2), in the Schedule II stimulants, is "Methamphetamine, its salts, isomers, and salts of its isomers." Section 11364(a) names that paragraph specifically.
• Heroin. Section 11054(c), the Schedule I opium derivatives, lists "(11) Heroin."
• Cocaine base. Section 11054(f) lists "(1) Cocaine base."
• Cocaine and opiates. Section 11055(b) lists opium and opiates and "(6) Cocaine, except as specified in Section 11054," and section 11055(c) covers opiates.

Section 11364(a) lists only paragraphs (14), (15), and (20) of section 11054(d), the Schedule I hallucinogens. Psilocybin is listed at paragraph (18) of section 11054(d), which 11364(a) does not name. The full schedules are in section 11054 and section 11055.

11364(b): sharps disposal containers

"This section shall not apply to hypodermic needles or syringes that have been containerized for safe disposal in a container that meets state and federal standards for disposal of sharps waste."

11364(c): drug checking services

"This section does not apply to an individual obtaining controlled substance checking services, as described in Article 5 (commencing with Section 11300) of Chapter 5."

11364(d): needles and syringes for personal use

"As a public health measure intended to prevent the transmission of HIV, viral hepatitis, and other bloodborne diseases among persons who use syringes and hypodermic needles, and to prevent subsequent infection of sexual partners, newborn children, or other persons, this section shall not apply to the possession solely for personal use of hypodermic needles or syringes."

The personal-use exception in subdivision (d) covers hypodermic needles and syringes. It does not mention pipes or other smoking devices.

What the prosecution has to prove

California's official jury instruction is CALCRIM No. 2410, "Possession of Controlled Substance Paraphernalia (Health & Saf. Code, § 11364)," published by the Judicial Council of California (2026 edition). It tells the jury the prosecution must prove that:

1. The defendant possessed an object used for unlawfully injecting or smoking a controlled substance named in section 11364.
2. The defendant knew of the object's presence.
3. The defendant knew it to be an object used for unlawfully injecting or smoking a controlled substance.

The instruction's optional paragraphs say two or more people may possess something at the same time, and a person does not have to hold or touch something to possess it if the person has control over it or the right to control it. Where several items are alleged, the jury must agree on at least one item the defendant possessed.

The 2026 instruction's optional needle-and-syringe defense refers to "Health & Safety Code section 11364(c)." In the current text of section 11364, subdivision (c) is the drug-checking exception and the personal-use needle and syringe rule is subdivision (d). This page relies on the statute's current text for the exceptions.

The instruction's Related Issues notes add: "Possession of a device for smoking cannabis, without more, is not a crime." Cannabis is listed in section 11054(d)(13), a paragraph section 11364(a) does not name.

Penalties under 11364 HS

Section 11364 does not state a punishment. Subdivision (a) says only that the possession "is unlawful." The section does not use the words misdemeanor, infraction, or felony, and it sets no fine or jail term.

Section 11374, in the same article of the Health and Safety Code, sets a general penalty:

"Every person who violates or fails to comply with any provision of this division, except one for which a penalty is otherwise in this division specifically provided, is guilty of a misdemeanor punishable by a fine in a sum not less than thirty dollars ($30) nor more than five hundred dollars ($500), or by imprisonment for not less than 15 nor more than 180 days, or by both."

Section 11364 is in that division. Penal Code section 19, the general misdemeanor rule, sets county jail up to six months, a fine up to $1,000, or both, but only "Except in cases where a different punishment is prescribed by any law of this state." Section 11374 is a penalty rule written for this division. This page does not state which figure a court applies to a section 11364 charge, and a lawyer can confirm the punishment that applies to a specific case.

Section 11364 is not on the list in section 11395(c), the Proposition 36 Treatment-Mandated Felony Act. That list of qualifying prior convictions names sections 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353.7, 11370.1, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, and 11395.

Related sections

• Health and Safety Code section 11374. The general penalty for violations of the division with no penalty otherwise specifically provided. Official text.
• Health and Safety Code section 11377. Possession of methamphetamine and other non-narcotic substances. See our 11377 HS explainer.
• Health and Safety Code section 11350. Possession of heroin, cocaine, and other narcotic-type drugs. See our 11350 HS explainer.
• Health and Safety Code section 11550. Using or being under the influence of a controlled substance. See our 11550 HS explainer.
• Business and Professions Code section 4145.5. Furnishing and obtaining hypodermic needles and syringes without a prescription, amended by the same 2025 bill. Official text.

Other statute explainers are in our statutes library.

Recent changes

The official history note for section 11364 reads: "Amended (as amended by Stats. 2024, Ch. 701, Sec. 3) by Stats. 2025, Ch. 685, Sec. 2. (AB 309) Effective January 1, 2026."

Assembly Bill 309 (2025), titled "Hypodermic needles and syringes," was approved by the Governor on October 13, 2025. Section 1 of the bill amended Business and Professions Code section 4145.5 and Section 2 amended Health and Safety Code section 11364. The Legislative Counsel's Digest says existing law allowed physicians and pharmacists to furnish needles and syringes without a prescription, and adults to obtain them solely for personal use, until January 1, 2026. It says the bill "would delete the January 1, 2026, repeal date, thereby extending those provisions indefinitely, and would make other conforming changes." The digest does not separately describe the change to section 11364, but comparing the two official versions shows it. The version AB 309 amended, enacted by AB 2136 (Stats. 2024, Ch. 701, Sec. 3), began subdivision (d), the personal-use needle and syringe exception, with "Until January 1, 2026,". The current text of subdivision (d) begins without those words, so the exception no longer has an end date.

What happens after an arrest or citation for 11364 HS

A "11364" on a booking sheet or citation is the arresting agency's charge. The prosecutor reviews the case and decides whether to file a paraphernalia charge, a different charge, or nothing. The first court appearance, the arraignment, is where the filed charges are read.

Our California charge code lookup translates other booking codes, and What Happens After You Get Arrested walks through the steps from booking to arraignment.

Disclaimer

This page explains what California Health and Safety Code section 11364 and the related sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Because section 11364 does not state its own penalty, anyone facing a 11364 charge should speak with a criminal defense lawyer licensed in California about how it is being charged.

Last updated: October 20, 2026.

Frequently Asked Questions

What is 11364 HS in California?

Health and Safety Code section 11364 makes it unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking listed controlled substances, which include methamphetamine, heroin, cocaine, and cocaine base.

Is 11364 a misdemeanor or an infraction?

Section 11364 does not say. It states that the possession is unlawful and sets no penalty. Section 11374, in the same article, says a violation of any provision of the division for which no penalty is otherwise specifically provided is a misdemeanor punishable by a fine of $30 to $500, 15 to 180 days of imprisonment, or both. This page does not state how courts apply that section to a 11364 charge.

Is a meth pipe covered by 11364?

Section 11364(a) covers devices used for unlawfully injecting or smoking a controlled substance specified in paragraph (2) of section 11055(d), and that paragraph is methamphetamine.

Is it legal to carry syringes in California?

Section 11364(d) says the section does not apply to the possession solely for personal use of hypodermic needles or syringes, and 11364(b) says it does not apply to needles or syringes containerized for safe disposal in a container meeting state and federal sharps standards.

What changed in 11364 in 2026?

The section was amended by AB 309 (Stats. 2025, Ch. 685), effective January 1, 2026. The bill's digest describes removing the January 1, 2026 repeal date on the law allowing nonprescription needle and syringe furnishing and personal-use purchase, plus other conforming changes. The digest does not separately describe the change to section 11364, but comparing official texts shows it: the version AB 309 amended (Stats. 2024, Ch. 701, Sec. 3) began subdivision (d) with the phrase Until January 1, 2026, which the current subdivision (d) omits, so the personal-use needle and syringe exception no longer has an end date.

Does a 11364 conviction count as a prior under Proposition 36?

Section 11364 is not among the sections listed in section 11395(c), which sets out the prior drug convictions that trigger the Treatment-Mandated Felony Act.