“narcotic drugs” and “controlled substances”
According to Section 11364 HS, the terms “narcotic drugs” and “controlled substances” describe a category of particular drugs and other drug-like compounds. They include:
- Depressants
- Stimulants
- Opiates
- Hallucinogens
The most common narcotics and controlled substances in these categories are:
- Heroin
- Methamphetamine
- PCP
- Cocaine
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After the enactment of Proposition 64 that permits persons above 21 years to possess recreational marijuana for personal use, marijuana is not included in HS 11364. Therefore, possession of items that you use to smoke marijuana is not a crime. However, if you use those tools for both marijuana and illegal drugs, you may face criminal charges for paraphernalia possession.
Certain categories of people are exempt from legal action under HS 11364. They include:
- Law enforcement officers or any other person working under their direct supervision
- People with licenses from the California State Board of Pharmacy to transfer, sell or prescribe needles, hypodermic syringes or other objects designed for use in drug injection into the body. These people include dentists, doctors, podiatrists, pharmacists, veterinarians, retailers, wholesalers, and manufacturers.