Paraphernalia

Paraphernalia

WHAT IS DRUG PARAPHERNALIA?

Any equipment, material, or product designed to be used in the manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, or inhaling of illicit drugs. This includes pipes, bongs, roach clips, cocaine freebase kits, and other such tools.

POSSESSION OF DRUG PARAPHERNALIA

California law prohibits drug paraphernalia of any kind. The law states that the possession of paraphernalia such as an opium pipe, contrivance, or instrument used for the unlawful injection or smoking of a controlled substance is strictly prohibited. Things like hypodermic needles, syringes, pipes, or even spoons can be considered paraphernalia.

A dirty glass crack pipe lies in the gutter at the side of the road.

EVIDENCE NEEDED

If you find yourself charged with possession of drug paraphernalia, the prosecution must prove the following to convict.

1. That you had the right to control drug paraphernalia
2. That you had knowledge of the paraphernalia’s presence
3. That you had knowledge the paraphernalia was a drug or drug related

IF CONVICTED OF HS 11364 PARAPHERNALIA POSSESSION

In the State of California in violation of the Health and Safety Code 11364 HS, the illegal possession of drug paraphernalia is a misdemeanor and the penalties can entail a six month jail sentence with a $1,000 fine. Those such as teachers, medical doctors, and lawyers could also have their professional licenses suspended.

You may be given the option to enroll in a drug rehabilitation program. It is possible if you complete such a program with no probation violations that the judge may dismiss your charges.

YOUR DEFENSE

The Law Office of Bradley Corbett will position your case based on the circumstances surrounding the charge but common defenses against possession of drug paraphernalia could include the following.

• Incorrect Suspect: It’s possible that the police officers incorrectly identified you as the owner. This can apply if the paraphernalia was found in a common space occupied by multiple people.
• Unknown Knowledge of Use: You may have had the paraphernalia in your possession unaware that they could be used to ingest illegal drugs. This is a common defense for people that do not have a history of drug possession or drug use.
• Unaware of the Paraphernalia: You could be renting a car, house, or an apartment without the knowledge that drug paraphernalia is stored there. This could even happen if you were borrowing a friends jacket. You will need evidence to support this claim.
• Unlawful Search and Seizure: You are protected by the law. Police officers cannot commit unlawful search and seizure.

If you have been accused of possession of drug paraphernalia, contact an experienced criminal defense attorney.