Possession of Drug Paraphernalia
Under Health & Safety Code 11364, the possession of “an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance” can be prosecuted as a misdemeanor. Drug paraphernalia might include bongs, rolling papers, pipes, needles or cocaine spoons.
The penalties for a conviction of 11364 HS include up to six months in the county jail, although most offenders qualify for a diversion program under Prop 36 or PC 1000.
Defenses in these cases revolve around a showing that the item was not actually drug paraphernalia or that the item was not actually or constructively possessed. Other defenses involve a showing that an illegal search or seizure occurred. If so, the criminal defense attorney can file a motion to suppress which might also lead to the outright dismissal of the charges if the motion is granted.
Attorney for Drug Paraphernalia Crimes in Ventura, CA
If you were arrested for the misdemeanor offense of possession of drug paraphernalia under 11364 HS, then contact an experienced criminal defense attorney at Jay Leiderman Law.
Whether your case involves a showing that the item was not paraphernalia, the item was not possessed, or the item was illegally seized, Jay Leiderman can help. Call (805) 654-0200 today.