California Health and Safety Code 11365 HS makes it a misdemeanor crime for someone to knowingly be present at a place where controlled substance use is occurring or if they aid or abet the drug use in some way.
HS 11365 says, "(a) It is unlawful to visit or to be in any room or place where any controlled substances which are 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, or specified in subdivision (b) or (c) or paragraph (2) of subdivision (d) of Section 11055, or which are narcotic drugs classified in Schedule III, IV, or V, are being unlawfully smoked or used with knowledge that such activity is occurring.
(b) This section shall apply only where the defendant aids, assists, or abets the perpetration of the unlawful smoking or use of a controlled substance specified in subdivision (a). This subdivision is declaratory of existing law as expressed in People v. Cressey (1970) 2 Cal. 3d 836."
Simply put, this law specifically makes it illegal to visit or to be present in a place where controlled substances are being unlawfully smoked or used if certain conditions are met.
This means you are committing a crime if you know the drug use is occurring and did some type of act to aid and abet the drug use. This means taking actions that support or encourage the use of controlled substances.
For example, suppose you have friends over where they are snorting cocaine in the kitchen. You are fully aware of drug use and even provide straws for snorting.
Due to your actions of allowing people to use your home and providing paraphernalia for drug use, you could be charged with violating HS 11365.
What are Common Controlled Substances?
This law covers a list of what is classified as "controlled substances," including Schedule III, IV, and V narcotics with minimal risk of dependency. Some of the common examples of controlled substances under this law include the following:
- Cocaine,
- Heroin,
- Ecstasy,
- Opioids,
- Methamphetamine,
- Fentanyl,
- GHB (Gamma hydroxybutyric acid).
What Factors Must Be Proven to Convict You?
To convict you of violating HS 11365, the prosecutor must prove all the elements of the crime beyond a reasonable doubt, including the following:
- You were present where controlled substances were being used.
- You knew that drug use was occurring or
- You knew the location was being used for drug use.
- You knew someone intended to use the controlled substance.
- You took some type of action to assist, support, or encourage the drug use.
- You knew that your words or actions aided or abetted the person using the controlled substance.
In the context of this statute, you are "aiding or abetting" the illegal use of controlled substances if the following apply:
- You know someone intends to use an illegal controlled substance.
- You specifically intend to aid, facilitate, promote, encourage, or instigate the use of the controlled substance, and
- You aid, promote, encourage, or instigate the use of the unlawful substance.
What are the Penalties?
Violations of HS 11365 is a misdemeanor that carries the following penalties if convicted:
- A fine of up to $1,000.
- Up to six months in county jail.
- The judge will often impose probation instead of jail time.
The conditions of probation could include attending drug education programs, performing community service, or undergoing drug testing.
You might be eligible for California's deferred entry of judgment (DEJ) drug diversion program, which allows you to have your charges suspended while you complete a drug treatment program. After you have completed the program, your charges are dismissed.
Eligibility for a pretrial diversion program will depend on different factors, such as whether you have a criminal record and if you violated the law while using violence or a threat of violence.
What are Related Laws?
- Possession of a controlled substance - Health and Safety Code 11350 HS. It's a crime to possess unlawful drugs or have them in your control, such as the possession of methamphetamine. Possession of drug paraphernalia is a separate crime under HS 11364.
- Operating or maintaining a drug house - Health and Safety Code 11366 HS. It's a wobbler crime (misdemeanor or felony) to operate or maintain any place for the purpose of unlawfully selling, giving away, or using unlawful controlled substances.
- Under the influence of a controlled substance - Health and Safety Code 11550 HS. It's a misdemeanor crime to be found under the influence of a controlled substance or a narcotic drug without a valid prescription.
What are the HS 11365 Defenses?
A California criminal defense attorney could use different strategies to challenge alleged violations of HS 11365, such as the following:
- No Aiding and Abetting: The prosecutor must prove you acted to aid and abet the drug use. Perhaps we can prove that you took no action to encourage or help with the drug use.
- Lack of Knowledge: Perhaps you were unaware that controlled substances were being used at the location.
- No Intentional Presence: Perhaps we can argue that you were at the location for a lawful purpose, which could be a valid defense.
- Coercion or Duress: Perhaps we can argue you were forced to be present at the location or assist in the drug use under threat of harm. The statute recognizes that people may be compelled to act against their will under certain circumstances.
- Violation of constitutional rights: Perhaps we can argue that law enforcement your constitutional rights, such as conducting an unlawful search or seizure, stopping or arresting you without probable cause, coercing a confession, or failing to read your Miranda rights.
For additional information, contact our Los Angeles-based California criminal defense law firm, Cron, Israels & Stark.
Related Content:
