Possession of Drug Paraphernalia Defenses – Health & Safety Code Section 11364
There are defenses available for drug paraphernalia charges. The most used defense is authorized possession for personal use.
Authorized possession for personal use
A person is allowed to possess paraphernalia if it has been prescribed to them by a licensed doctor. This defense is particularly important for anyone who has been charged with possession of syringes. If the person possessed syringes or hypodermic needles, they must have come from an authorized source, most likely a medical doctor. The person cannot possess more than 10 of such hypodermic needles or syringes at a time.
Unawareness of Object's Presence
A person cannot be guilty of possessing drug paraphernalia if he/she did not know of the object's presence.
Unawareness of Object's Ability to be Used for Controlled Substances
A person cannot be guilty of possessing drug paraphernalia if he/she did not know the object could be used to unlawfully inject or consume a controlled substance.
Marijuana Paraphernalia Excluded
Possession of a device for smoking marijuana, without more, is not a crime.
