Possession of Drug Paraphernalia Overview – Health & Safety Code Section 11364

The attorneys at Wallin & Klarich have over 30 years of experience handling possession of drug paraphernalia cases in Southern California. Our attorneys have the skill and expertise to provide you with the best possible defense in your case.

Possession of drug paraphernalia is a serious crime in California. Many common everyday household items can be converted into drug paraphernalia; once converted, the items become illegal and the owner can face serious criminal punishment. It is important that you hire an experienced criminal defense attorney from the moment you are charged with drug paraphernalia possession.

Section 11364 of the California Health and Safety Code governs the possession of drug paraphernalia. You can be charged with drug paraphernalia possession even if you do not use the item for drugs. Store owners can be prosecuted if they sell anything that resembles paraphernalia. In fact, no person is allowed to maintain or operate a business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred or given away unless the paraphernalia is completely and wholly kept or displayed within a separate room or enclosure to which people under the age of 18 are not allowed without an adult. It is also a crime to allow anyone under the age of 18 to be unaccompanied by an adult in an area where paraphernalia is kept.

“Drug paraphernalia” is broadly defined as all equipment, products, and materials of any kind which are intended for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. This broad definition covers everything from growing kits and scales to blenders and bowls, thus making it very easy to support charges. If you or a loved one has been charged with possession of drug paraphernalia, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or visit www.wklaw.com for more valuable information.