Possession of Drug Paraphernalia

Wais Azami is an experienced criminal defense attorney who can help defend against the charges of being in possession of drug paraphernalia.

Possession of Drug Paraphernalia

Health & Safety Code 11364(a) is the California statute that makes it illegal to possess drug paraphernalia. It’s a misdemeanor offense. HS11364 applies to any device, instrument or paraphernalia used for unlawfully injecting, smoking or otherwise consuming a controlled substance. These can be meth pipes, cocaine or heroine spoons and other such devices.

Since legalization of marijuana for recreational use and for prevention of HIV diseases, syringes, weed pipes and vapes are not considered drug paraphernalia.

What Prosecutor Needs To Prove

• You exercised control over the paraphernalia or had constructive possession over it,
• You knew of the paraphernalia’s presence, and
• You knew it was drug paraphernalia.

Defense

• What was found wasn’t drug paraphernalia
• The paraphernalia wasn’t yours,
• You didn’t know that the item was a drug paraphernalia, and/or
• The officer discovered the paraphernalia during an illegal search and seizure

Penalties

• Up to $1000 fine
• Up to 6 months in county jail
• Possible Immigration Consequences
• Possible loss of government Assistance Programs or Disqualification from such programs

Health and Safety Code 11364

California describes possession of drug paraphernalia under Health and Safety Code 11364.

Have You Been Accused of Being in Possession of Drug Paraphernalia?

Call the Law Offices of Wais Azami at (714) 321-9999. Or schedule a *free consultation with our possession of drug paraphernalia lawyer in Orange County here. We will generate a defense plan which aims to get the charges dismissed, reduced, and/or the consequences mitigated.