Possession of Drug Paraphernalia

Consult a qualified drug defense lawyer for drug paraphernalia charges to lessen the impact of your arrest

In California, getting charged with possession of drug paraphernalia always comes with serious consequences. The law is strict, and under California Health and Safety Code Section 11364 HSC, possession of drug paraphernalia can lead to severe outcomes. Sometimes, even as little as having an item associated with illegal drug use is enough for a criminal record. Make sure to take care of the matter right away if you don’t want a conviction that could jeopardize your reputation and employment.

After being accused of possession of drug paraphernalia, the best course of action is to get in touch with trustworthy and knowledgeable criminal defense lawyers. My Rights Law is where such specialists are found! Our highest commitment is protecting your rights and building a strong drug possession defense for any client who has been charged with it. We build our defense lines based on aggressive representation and actual facts, ensuring your rights are protected. If you’re facing accusations of possessing drug paraphernalia, don’t wait—contact us today.

Ready to speak with a drug paraphernalia charges lawyer? Contact us now at (888) 702-8845 or contact us online.

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Criminal Aspects of Drug Paraphernalia Possession

The prosecution must demonstrate beyond a reasonable doubt that the defendant knew they had an item meant to be used to consume a restricted substance in accordance with California Health and Safety Code 11364 HS. The prosecution must clearly show a link between the item and unlawful drug usage in order to prove this accusation.

Under drug paraphernalia laws, common examples of items such include:

Glass pipes or “bubblers”
Syringes, unless authorized by law or the California State Board of Pharmacy
Hypodermic needles
Burnt spoons
Aluminum foil with burn marks
Straws or hollowed pens
Plastic baggies with residue
Scales or grinders
Bongs or hookahs

Even possessing these items without being licensed by the California state can still result in being charged with possession of drug paraphernalia. It applies even if no actual drugs were detected.

Every possession of paraphernalia is a criminal offense, so it is taken seriously at My Rights Law. Whether this is your first infraction of California law or you are facing more serious drug charges, our criminal defense team is prepared to fight for you.

Penalties for Possession of Drug Paraphernalia in California

Despite the fact that the possession of drug paraphernalia is a misdemeanor, it does not absolve you of responsibility. Offenders may be subject to the same punishments as for other drug-related misdemeanor crimes under HS 11364 . The most typical verdicts include:

Up to six months in jail
A maximum fine of $1,000
Mandatory probation
Enrollment in drug education or rehabilitation programs
A permanent criminal record

Sometimes, this offense is used to make penalties for other drug convictions or charges of possession for sale more severe. It is frequently not a crime, but when combined with other more serious California Penal Code violations, it can become more dangerous.

Drug Diversion as an Alternative Option

If you were found guilty of possessing drug paraphernalia, you might be eligible for an alternative punishment under California’s drug paraphernalia legislation. Programs like Penal Code 1000 and Proposition 36 allow you to avoid jail time and have your charges reduced if you successfully complete treatment.

These programs are available to defendants who meet specific criteria:

First-time offenders or individuals with limited criminal history
The offense must not involve violence or weapons.
The charge must involve drug possession or possessing of drug paraphernalia, not possession for sale.
The defendant agrees to complete a court-approved drug treatment program.

The participant will not have a criminal record, and the case may be dismissed if these alternative sentencing options are satisfactorily fulfilled. Our organization will determine your eligibility and help you apply for these advantageous programs.

Legal Defense Strategy of Drug Paraphernalia Charge

Charges of possessing drug paraphernalia can be contested in a number of ways. Whether you had actual or constructive custody of the paraphernalia is a crucial factor in these situations.

Actual possession means the object was physically on your person or in your immediate control.
Constructive possession implies you had the right or ability to control the item, even if it wasn’t on you.

Our legal team at My Rights Law explores every angle of your case. Common criminal defense strategies for possession of drug paraphernalia charges include:

You didn’t know the item was paraphernalia
The item was not yours (lack of possession)
The object was not intended for illegal drug use.
The evidence was obtained through an illegal search (Fourth Amendment violation)
The item belonged to someone else, and you had no control over it.

If you were charged with possession of drug paraphernalia under California Health and Safety Code 11364, it’s vital to have a knowledgeable attorney who understands the nuances of both the Health and Safety Code section and California penal code violations.

We Are Ready To Defend Your Rights – Contact My Rights Law’s Drug Crime Lawyer Today!

The devastating impact of a criminal offense is something we at My Rights Law are aware of, particularly when it is related to a non-violent drug violation like possession of drug paraphernalia. We are here to defend you, not to pass judgment. Minimizing the harm, avoiding conviction, and taking advantage of every chance for alternative punishment or dismissal are our objectives.

Our firm offers:

Free consultations to evaluate your case
A deep understanding of California’s penal code and health and safety code section violations
Compassionate and aggressive criminal defense tailored to your specific circumstances

If you have been charged with possession of drug paraphernalia, don’t take it easily – it can become a huge problem in no time. Instead, let a trained criminal defense attorney protect your rights. Simply contact My Rights Law today at (888) 702-8845 or via our Contact Us page and enlist the support of the highest-grade lawyers in town. Get a free consultation and start building your personalized drug possession defense with us today!