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Los Angeles Drug Paraphernalia Defense Lawyers 
Drug Paraphernalia
Being charged with possessing drug paraphernalia may seem like a minor offense, but it is punishable by up to six months in county jail. California imposes harsh penalties on drug offenders and no charges should be taken lightly. If police have arrested you because they believed you knowingly possessed drug paraphernalia, please contact a reputed Los Angeles drug crimes defense lawyer to protect and preserve your legal rights.
California Possession of Drug Paraphernalia Law
California Health and Safety Code Section 11364 states that it is "unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking (1) a controlled substance." According to Section 11364 (b): "This section shall not apply to hypodermic needles or syringes that have been containerized for safe disposal in a container that meets state and federal standards for disposal of sharps waste." While needles may be considered drug paraphernalia, having needles provided by an authorized source for personal use may be excluded from the law.
Having possession of drug paraphernalia means that the defendant had control over, or the right to control drug paraphernalia, you knew where it was and you knew what it was. Such paraphernalia include hypodermic needles that are intended to inject controlled substances into the body, pipes and cocaine spoons. Also, it is important to note that items such as scales, balances, mixing devices, balloons and capsules are drug paraphernalia that are not covered by HS 11364. Instead, these items carry harsher penalties under HS 11351 (drug possession for sale) and HS 11352 (transporting or selling a controlled substance).
Penalties and Alternative Sentencing
Convictions for possession of drug paraphernalia may have social and professional ramifications. Teachers and doctors accused of violating HS 11364 may face suspensions or forced leaves of absence. Other professionals may have their licenses revoked. If convicted, defendants face up to $1,000 in fines and up to six months in county jail.
With the assistance of a skilled attorney, defendants may avoid jail time by opting for drug rehabilitation services under Penal Code 1000. Drug diversion programs help defendants avoid lengthy jail time, and when completed, they eliminate the charges from your criminal record.
Defending Drug Paraphernalia Charges
A defense attorney will attempt to pick apart the charges against the defendant. There are many questions an attorney may present to the court. Was the object actually paraphernalia or did it just resemble an illegal item? Was the defendant aware that the object was paraphernalia? Was the defendant even aware of the existence of the paraphernalia? Lastly, were the defendant's constitutional rights violated during the arrest?
The criminal defense attorneys at Takakjian & Sitkoff, LLP have successfully defended cases involving possession of drug paraphernalia. If you are facing any of these drug charges, please contact our Los Angeles drug crime defense attorneys right away to get more information about your legal rights and options.
If you have been arrested for possession of drug paraphernalia then please call us immediately for a FREE CONSULTATION at (888) 579-4844.
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Drug Crimes Resource Center
- Los Angeles Drug Offenses Overview
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- Drug Paraphernalia Charge in Los Angeles
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- Los Angeles Drug Offenses Resources
