Under this section, it is unlawful to visit or to be in any room where controlled substances are being smoked or used with knowledge such activities are occurring. However, it is only unlawful when an individual assists, aids, or abets the preparation of the unlawful smoking or use of controlled substances.
At Glew & Kim, the majority of our cases involve narcotics offenses, and we specialize in the nuances of narcotics laws, including medical marijuana, marijuana DUI, juvenile drug offenses, and federal drug offenses. We focus narcotics defense on obtaining treatment for our clients instead of incarceration.
If you or a loved one are facing charges for visiting or being in a room where controlled substances are being smoked or used, don't wait. Contact Glew & Kim for a free consultation regarding your case.
California Health & Safety Code Section 11365
"(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."