Possession of Drug Paraphernalia California Health & Safety Code 11364 HS
What is possession of drug paraphernalia in California?
California Health and Safety Code section 11364 makes it illegal to possess any device, instrument or paraphernalia used for unlawfully injecting or smoking a controlled substance. With over 40 years of experience helping clients accused of drug paraphernalia charges in California, our criminal lawyers explain the possible sentencing and drug paraphernalia penalties you or your loved one face if convicted of this offense. In addition, we discuss what the prosecution needs to prove in order to find you guilty of possession of drug paraphernalia, as well as to how out team of defense attorneys can help you obtain the best result in your case.
How can the prosecution find me guilty of possession of drug paraphernalia?
In order to convict you of possession of drug paraphernalia in California, the prosecution must prove the following:
- You unlawfully possessed an object used for unlawfully injecting or smoking a controlled substance AND
- You knew of the object’s presence AND
- You knew it to be an object used for unlawfully injecting or smoking a controlled substance
The term “paraphernalia” refers to any object or device used to inhale, smoke, ingest, inject, or consume a controlled substance. Even everyday household objects can be considered paraphernalia if they are used in a manner that facilitates illegal drug use.
Defenses to a charge of possession of drug paraphernalia in California
There are a number of defenses that a California criminal defense lawyer at Wallin & Klarich can raise on your behalf. These include:
- Legal authorization to possess hypodermic needles
- Lack of control or possession
- Lack of knowledge
- Failure to follow police procedures
Each of these defenses can be raised depending upon the facts of your individual case. Be sure to consult a criminal defense attorney at Wallin & Klarich to learn more.
Possession of drug paraphernalia punishment and sentencing in California
According to the California Health and Safety Code section 11364, possession of drug paraphernalia is a misdemeanor punishable by up to 364 days in county jail and a maximum $1,000 fine. You can also be placed on probation or parole that will likely subject you to random drug testing and searches by the police. If you own or operate a business and are found in violation of California Penal Code section 11364.7, you risk losing your current business license, and the possible denial of any future attempts at securing one.
Possession of drug paraphernalia FAQs
To help you understand the various aspects of a possession of drug paraphernalia charge, our attorneys at Wallin & Klarich have provided answers to some of the most commonly asked questions regarding drug paraphernalia laws in California. There, you can find answers to questions like:
- Is possession of a hypodermic needle considered a crime?
- Are there any alternative punishments to a possession of drug paraphernalia conviction?
- Can household items be considered drug paraphernalia?
Where can I find the most experienced criminal defense attorneys in California?
If you are confronted with accusations of possession of drug paraphernalia, it is essential that you contact an experienced California defense lawyer who is familiar with such cases. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, Wallin & Klarich has successfully represented clients facing possession of drug paraphernalia charges for over 40 years. We have the knowledge and the know-how to win your case.
Call us today at (877) 4-NO-JAIL or (877) 466-5245. You can also fill out our client information form. We will get through this together.