Operate or Maintain a Drug House – Health & Safety Code 11366
California Health & Safety Code 11366 HS makes it a crime to open or maintain a drug house. This is defined as a place used for unlawfully selling, giving away, or using controlled substances.
While instances of this crime are not as common, individuals caught selling drugs may choose to plead guilty to this charge under certain circumstances, as it carries a less severe penalty than the sales charge.
This is assuming their attorney can convince a judge or prosecutor to permit them to plead to this type of charge instead of a sales charge, which carries a much higher penalty.
But the main gist of this type of drug charge has to do with somebody who is allowing people to do drugs at a home or location that they own. One of the critical elements would be that the person who's being charged with this offense knew, or reasonably should have known, that people were doing drugs, and the purpose for having the home was to do drugs.
If, on the other hand, that person leased or rented a home and then the individual they were leasing and renting from decided to get involved with allowing people to do drugs in the house, the issue would be a little more difficult for the prosecutors to prove.
If that particular individual who owns the home knew or reasonably should have known that it was being operated out of a drug house, the policy and thinking behind this particular charge is to help those individuals who are addicted to drugs.
Because the easier it is to do drugs and the easier it is for them to be facilitated to you, the more likely it is that you will do them.
Protecting Neighborhoods From Drug Activity
I think the bottom line, though, is that for somebody to stop doing drugs, they are going to have to decide not to do them, and even if there weren't any houses under HS 11366 that provided a location to do drugs and even sometimes gives themselves drugs, the individual — if they're addicted — is going to find a way to do drugs.
Another significant reason for the existence of this Health & Safety Code Section is to protect neighborhoods. The involvement of individuals in allowing their houses to be used for drug activities can lead to disturbances and safety concerns for the community. This law is designed to provide a sense of security and support to the public.
Also, it's not a healthy environment. So, this Health & Safety Code Section is really looking to protect neighborhoods, protect the public, and protect those individuals who might come in contact with people who are just looking to do drugs in their neighborhood.
If you find yourself charged with this crime, it's crucial to seek legal advice. By discussing your situation with a professional who can guide you through the legal process, you can shape your defense strategy and protect your record. Remember, you have the power to influence the outcome of your case.
Having this charge on your record can have serious implications. Sometimes, the police may not have the full story, and you could be wrongly charged. It's important to let your attorney present your side of the story to avoid any potential misinterpretations or misunderstandings.
You want that story to come out through your attorney, not you, because you may do or say something that incriminates you, or the police may twist around what you had to say.
It's crucial to let your attorney handle the situation if you're accused of allowing your home to be used for drug purposes. Your attorney will strategize the best defense against these serious allegations.
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