Legal Question in Criminal Law in California

Re: Criminal Charge's 11364 & 11377

11377 of the Health & Safety Code is possession of a controlled substance (typicaly meth, but it includes others). 11364 is possession of drug paraphernalia (usually a pipe).

Re: Criminal Charge's 11364 & 11377

These are Penal Code sections, but I do not think you have them correct because I do not see a listing in the Penal Code for those sections.

You can find the penal code here:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=pen&codebody=&hits=20

Re: Criminal Charge's 11364 & 11377

OK...found them...H&S Code Sections:

11364. (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.

(not complete section)

11377. (a) Except as authorized by law and as otherwise provided in

subdivision (b) or Section 11375, or in Article 7 (commencing with

Section 4211) of Chapter 9 of Division 2 of the Business and

Professions Code, every person who possesses any controlled substance

which is (1) classified in Schedule III, IV, or V, and which is not

a narcotic drug, (2) specified in subdivision (d) of Section 11054,

except paragraphs (13), (14), (15), and (20) of subdivision (d), (3)

specified in paragraph (11) of subdivision (c) of Section 11056, (4)

specified in paragraph (2) or (3) of subdivision (f) of Section

11054, or (5) specified in subdivision (d), (e), or (f) of Section

11055, unless upon the prescription of a physician, dentist,

podiatrist, or veterinarian, licensed to practice in this state,

shall be punished by imprisonment in a county jail for a period of

not more than one year or in the state prison.

(b) (1) Any person who violates subdivision (a) by unlawfully

possessing a controlled substance specified in subdivision (f) of

Section 11056, and who has not previously been convicted of a

violation involving a controlled substance specified in subdivision

(f) of Section 11056, is guilty of a misdemeanor.

(2) Any person who violates subdivision (a) by unlawfully

possessing a controlled substance specified in subdivision (g) of

Section 11056 is guilty of a misdemeanor.

(3) Any person who violates subdivision (a) by unlawfully

possessing a controlled substance specified in paragraph (7) or (8)

of subdivision (d) of Section 11055 is guilty of a misdemeanor.

(4) Any person who violates subdivision (a) by unlawfully

possessing a controlled substance specified in paragraph (8) of

subdivision (f) of Section 11057 is guilty of a misdemeanor.

(not complete section)

Re: Criminal Charge's 11364 & 11377

11364 is commonly regarding the possesion of instruments or paraphernalia used in conjunction with drugs...11377 is usually regarding the possesion of meth, but includes other possible drugs under that section. Hope that helps. David Wallin

Re: Criminal Charge's 11364 & 11377

Felony: possession of paraphernalia, possession of drugs. If you need legal help for you or yours in these charges, feel free to contact me.

Re: Criminal Charge's 11364 & 11377

Possession of paraphernalia, possession of drugs. Felony or misdemeanor, depending upon how charged. If you need legal help for you or yours in these charges, feel free to contact me.