California Drug Paraphernalia – What You Need To Know

In the state of California, it is illegal to possess not only controlled substances but also the paraphernalia that is used to inject or smoke a controlled substance under Section 11364 of the California Health and Safety Code^[1].   You can be charged with possession of drug paraphernalia even if the items are not “on your person” such as when the pipe is in the glove compartment of your car. The National Drug Intelligence Center^[2] describes that paraphernalia as:

• Pipes (metal, wooden, acrylic, glass, stone, plastic or ceramic)
• Water pipes
• Roach clips
• Miniature spoons
• Chillums (cone-shaped marijuana/hash pipes)
• Cigarette papers
• Cocaine freebase kits.

Drug paraphernalia, like scales, that are used for the manufacture and sale of controlled substances are charged under different sections of the California Health and Safety Code.

Drug Paraphernalia Sentencing

Violations for possession of drug paraphernalia are charged as a misdemeanor with penalties including six months in jail and a fine up to $1,000.00 dollars. You could also be placed on court supervision or offered a drug diversion program depending on the specifics of your case.

Depending on your profession, a conviction for possession of drug paraphernalia may also lead to the termination of your employment or the loss of your professional license. If you are charged with possession of drug paraphernalia it is important to speak to a criminal defense attorney as soon as possible in order to strategize your best defense.

Additional Ventura Charges

In most instances, a charge for possession of paraphernalia is added to a charge for possession of the controlled substance itself.  Health and Safety Code Section 11054[4]

covers controlled substances including:

• Heroin
• Morphine
• Vicodin
• Oxycodone
• Methadone
• Cocaine
• Amphetamine
• Ecstasy
• PCP

Contact an Experienced Ventura Drug Paraphernalia Attorney

If you or someone you know is arrested for the possession of a controlled substance and possession of drug paraphernalia, call the team of experienced criminal defense attorneys at the Kann California Defense Group for a free consultation. Call our toll-free number 888-744-7730 today or use our online contact form.

References

[1] California Health and Safety Code

[2] National Drug Intelligence Center

[3] California Health and Safety Code 11055