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

Drug paraphernalia is broadly defined; therefore, you may be charged with possession even if you did not know that the item was paraphernalia. It is important to have a skilled attorney who can argue that the item in your possession is not paraphernalia under California Law.

Due to the California legislatures strong desire to punish and deter drug use, they have not only made possession and using illegal drugs a crime, but also possession of any tools or products that aid in the use of the illegal drug.

To prove that the defendant is guilty of this possessing drug paraphernalia, the prosecution must prove that:

1. The defendant unlawfully possessed an object that can be used to unlawfully inject or consume a controlled substance;
2. The defendant knew of the object’s presence; AND
3. The defendant knew that the object could be used to unlawfully inject or consume a controlled substance.

If the prosecutor can prove each of the three of the above elements to a jury beyond a reasonable doubt, then the defendant will be found guilty of possession of drug paraphernalia. The prosecution must prove each of the three elements beyond a reasonable doubt. It is not enough to just prove one or two of the three elements to be convicted.

Possession means that a person has physical custody and control over the substance. The prosecution can satisfy this burden by proving that the substances were in a vehicle or home that belongs to you. Even if you did not personally buy the substances, or were not using the substances, the prosecution can still charge you with felony possession.