Cal. Codes » Health and Safety Code / DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT / CHAPTER 6. Offenses and Penalties / ARTICLE 4. Miscellaneous Offenses and Provisions
California Codes

Cal. Health and Safety Code § 11366 (2026)

Miscellaneous Offenses and Provisions

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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Every person who opens or maintains any place for the purpose of unlawfully selling, giving away, or using any controlled substance which is (1) specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (13), (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b), (c), paragraph (1) or (2) of subdivision (d), or paragraph (3) of subdivision (e) of Section 11055, or (2) which is a narcotic drug classified in Schedule III, IV, or V, shall be punished by imprisonment in the county jail for a period of not more than one year or the state prison.

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1987–2024 · leading case: Philander Salviejo-Fernandez v. Alberto R. Gonzales, 455 F.3d 1063 (9th Cir. 2006).
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Philander Salviejo-Fernandez v. Alberto R. Gonzales, 455 F.3d 1063 (9th Cir. 2006). · cites it 7× “Second, it also concludes after only sparse analysis that California Health and Safety Code section 11366, that prohibits opening or maintaining a place for unlawfully selling or using a controlled substance, is categorically an aggravated felony.”
People v. Green, 200 Cal. App. 3d 538 (Cal. Ct. App. 1988). · cites it 2× “Health and Safety Code section 11366 does not require that the place be maintained for the purpose of selling; it can be violated without selling, merely by providing a place for drug abusers to gather and share their experience.”
Langford v. Superior Court, 729 P.2d 822 (Cal. 1987). · cites it 2× “which is a narcotic drug classified in Schedule III, IV, or V, shall be punished by imprisonment in the county jail for a period of not more than one year or the state prison.”
People v. Harris, 145 Cal. App. 4th 1456 (Cal. Ct. App. 2006). “Furthermore, Health and Safety Code section 11362.775 provides that certain persons who collectively or cooperatively cultivate medical marijuana shall not solely on the basis of that fact be subject to criminal sanctions under, among other provisions, Health and Safety Code…”
People v. Shoals, 8 Cal. App. 4th 475 (Cal. Ct. App. 1992). “) Health and Safety Code section 11366 does not declare that a presumption arises that the possession of a controlled substance is prima facie evidence that it is possessed for the purpose of unlawful sale, gift, or use.”
People v. Vera, 69 Cal. App. 4th 1100 (Cal. Ct. App. 1999). “) “Health and Safety Code section 11366 does not require that the place be maintained for the purpose of selling; it can be violated without selling, merely by providing a place for drug abusers to gather and share their experience.”
Salviejo-Fernandez v. Gonzales, No. 04-76383 (9th Cir. July 31, 2006). · cites it 2× “The BIA held that Salviejo’s convic- tion under Cal. Health and Safety Code § 11366 for opening or maintaining a place for the purpose of unlawfully selling a controlled substance was an aggravated felony barring the relief of cancellation of removal under 8 U.”
People v. Wong, No. H046282 (Cal. Ct. App. Aug. 13, 2021). “Legal Principles As relevant here, Health and Safety Code section 11366 punishes “[e]very person who opens or maintains any place for the purpose of unlawfully selling, giving away, or using a controlled substance” including marijuana.”
People v. Leo, No. B319616 (Cal. Ct. App. Oct. 15, 2024). “) Health and Safety Code section 11366 provides in pertinent part: “Every person who .”
P. v. King, No. H037401 (Cal. Ct. App. June 20, 2013). “) In Hawkins, the defendant was convicted of opening a place for the purpose of unlawfully selling, giving away, or using a controlled substance in a violation of Health and Safety Code section 11366. Since the purpose of unlawfully selling a controlled substance was “the…”
People v. Scott, No. C071590 (Cal. Ct. App. Oct. 31, 2014). “) Health and Safety Code section 11366 provides in pertinent part: “Every person who opens or maintains any place for the purpose of unlawfully selling, giving away, or using any controlled substance which is .”
People v. Scott, No. C071590M (Cal. Ct. App. Nov. 20, 2014). “) Health and Safety Code section 11366 provides in pertinent part: “Every person who opens or maintains any place for the purpose of unlawfully selling, giving away, or using any controlled substance which is .”
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