Is it a crime to be present around drug use? (Health & Safety Code 11365 HS)

498 views · Published 22 March 2018 · 2:10 · Indexed 23 September 2026

Channel: Shouse Law Group Channel · 2018 · Education

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Is it a crime to be present around drug use even if you are not using yourself? In this video, a former D.A. -- now a criminal defense lawyer -- explains. 

Health & Safety Code 11365 HS makes it a misdemeanor crime to be present when others are using drugs, but only if you aid and abet their drug use. Examples would be offering a light for someone using a crack pipe, or acting as a lookout. 

Health & Safety Code 11365 is a misdemeanor, carrying penalties of probation, fines and up to 6 months in county jail. 

More info at https://www.shouselaw.com/ca/defense/health-and-safety-code/11365/
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