A drug paraphernalia charge may seem minor compared to other drug offenses, but it can have real and lasting consequences if not handled properly. Whether you were arrested alongside other drug charges or cited for paraphernalia alone, you deserve experienced legal representation. The Law Offices of David A. Stein have helped clients throughout Orange County and Southern California navigate these charges and protect their records.
What Is Drug Paraphernalia?
Under California Health and Safety Code Section 11364, it is illegal to possess any device, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance. Common items that can lead to a paraphernalia charge include:
- Pipes, bongs, or water pipes
- Syringes or needles not obtained through a legal needle exchange or prescription
- Spoons with burn marks
- Tin foil with residue
- Rolling papers in combination with other drug evidence
- Scales or baggies when combined with other evidence
It is important to note that California law focuses on items used for smoking or injection. Items associated with snorting, such as straws or rolled currency, are not explicitly covered under Section 11364 but may still be introduced as evidence in broader drug possession cases.
Penalties for Drug Paraphernalia Possession
Possession of drug paraphernalia under California Health and Safety Code Section 11364 is a misdemeanor. Penalties can include:
- Up to six months in county jail
- Fines of up to $1,000
- Probation
- Mandatory drug counseling or treatment
While these penalties are less severe than felony drug charges, a misdemeanor conviction still creates a permanent criminal record that can affect employment, professional licensing, housing applications, and more. Additionally, paraphernalia charges frequently accompany possession charges, which can compound the severity of the overall case.
Defenses Available
There are a number of defenses that may apply to a paraphernalia charge, depending on the specific circumstances of your case:
- The item was not used for illegal purposes and has a legitimate use
- You were unaware the item was in your possession
- Law enforcement conducted an unlawful search
- The item does not meet the legal definition of paraphernalia under California law
Do not assume that a paraphernalia charge is too small to fight. The right attorney can often have these charges reduced or dismissed, keeping your record clean.
Call the Law Offices of David A. Stein at (949) 528-8057 for a free consultation.