It is possible to get a sentence reduction or reduction of your charge, but it requires knowledgeable legal counsel. Defendant over the age of 18 can be sentenced to the following: Imprisonment in a county jail for a period of up to 6 months; and/or. Anyone may possess safer drug use materials, including pipes and other non-injection drug use materials, when acquired from a syringe services program (SSP). . Maximum fine of $1,000. As noted above, federal law does not outlaw possession per se. If this conviction is your first, your defense attorney may be able to negotiate to have you placed in a drug diversion program to avoid a drug conviction on your record. More often than not, this charge is applied to those who are found in . Although this crime is less serious than actual drug possession, it still carries jail time. Penalties for Possession of Drug Paraphernalia. If you have been arrested or charged with possession of drug paraphernalia, call jD LAW, P.C., at (760) 630-2000 as soon as possible to speak with an experienced San . Possession of drug paraphernalia is a misdemeanor under California Health and Safety Code Section 11364 offense, and a conviction may result in; up to 6 months in county jail, a maximum fine of $1,000, and/or Our Attorneys; Client Reviews; Criminal Defense. Drug possession and paraphernalia charges commonly include Health and Safety Code Section 11377, 11350, and 11364. Possession of drug paraphernalia is formally defined under California Health & Safety Code 11364 (a) HS which states, "It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a [drug classified as a controlled substance].". Actual possession means that you have direct and immediate control over the object. If you are convicted of your controlled substance possession charges the consequences can include one or more of the following: - 1-6 years in state prison and fined up to $20,000 for possession of drugs scheduled I-V. - 6 months jail time and maximum fess of $1,000 for drug paraphernalia possession. This Californian code criminalizes setting up a business premise close to drug paraphernalia stores, displays. As per California HSC 11364, it is a crime to possess any tool or instrument that is used to inject or smoke a controlled substance illegally. Jail: Possession of drug paraphernalia is charged as a misdemeanor in California. If the device is used for a lawful purpose, such as a syringe used for diabetic insulin injections, then you should not be charged. November 6, 2015. However, what many people might not know is that it is also illegal in California to be in possession with items that are known as "drug paraphernalia." Under California Health and Safety Code Section 11364 HS, the possession of drug paraphernalia is a criminal offense, which could result in jail time for the individuals who are convicted . However, it also against the law to possess items used to ingest or smoke illicit substances. These include: Health and Safety Code 11364.5 HS, Uniform Controlled Substances. By entering a guilty plea and by successfully completing a drug rehabilitation program, the charges will be dismissed by the judge. To prove a defendant is guilty of possessing drug paraphernalia, a prosecutor must be able to establish the . This is in addition to a possible $1,000 fine and other punishments (See below). Those . According to the California Health and Safety Code section 11364, possession of drug paraphernalia is a misdemeanor punishable by up to 364 days in county jail and a maximum $1,000 fine. Our attorneys have the experienced and knowledge to defend you against possession of drug paraphernalia charges. Possession of Drug Paraphernalia — Mere possession the means to use illegal drugs is a crime in California. This element can be satisfied by showing that you had either "actual" or "constructive" possession. Under state law, penalties vary. Drug paraphernalia could also include prevalent . The reasons behind the flip are uncertain. California law considers it illegal to operate a business whereby you stock drug paraphernalia. III. Search: Idaho Felony Drug Charges. You can also be placed on probation or parole that will likely subject you to random drug testing and searches by the police. HS 11364 Penalties. on the person) or . The following are the elements of the . What is Possession of Drug Paraphernalia in California? Possession of drug paraphernalia in California is a misdemeanor punishable by: A maximum of six months of custody in county jail. For instance, for people charged with possession of drug paraphernalia, drug court may be a good option because it is aimed at helping people with an addiction receive treatment for their addiction and avoid prosecution for the crime. The paraphernalia was uncovered in an illegal search. The services of a seasoned drug paraphernalia possession lawyer are . Available for free consultations at (619) 787-3456 . Call (417) 865-2181 to schedule a consultation with Dean Price Law in our Springfield office. It's possible that you'll have to be placed on parole and undergo random searches and drug testing by the police. This arrest data includes all information on current and previous arrests for David L Parker . Consultation with a qualified drug violation attorney can give you a more detailed explanation of the sentencing and penalties for possession of narcotics paraphernalia. The Crime of Possessing Drug Paraphernalia in California - HS 11364. Contact us today at 562-308-7807 for a free consultation. In California, the crime of possession of drug paraphernalia is charged under Health & Safety Code 11364 (a) hs making it unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance. In California, it is illegal to posses "an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance." According to an experienced drug defense lawyer Los Angeles, CA, there is an exception to this general rule against possessing drug paraphernalia. Additionally, possession can be actual (i.e. Justia - California Criminal Jury Instructions (CALCRIM) (2022) 2410. One theory is fewer DUIs were the result of COVID-19 restrictions keeping . Were you arrested for possessing drug paraphernalia in Vallejo , CA or a surrounding area? It is considered to be illegal to have drug paraphernalia in your possession, when it is to be used to consume illegal drugs. Possession of Drug Paraphernalia: San Mateo PD: 1/13/2022: Possession of Controlled . If you are selling legitimate objects that are also used by minors . A misdemeanor in the State of Washington is punishable by imprisonment for up to 364 days, a fine of not more than $5,000.00, or both. The maximum punishment for illegal possession of drug paraphernalia is 6 months in county jail and a fine of up to $1,000. Health and Safety Code 11364 HS California's "possession of drug paraphernalia" law prohibits possessing "an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance". A fine of up to $1,000. If you have been arrested for a drug crime in Santa Barbara, call Appel & Morse at (805) 467-6060 or complete our online contact form today for a free initial consultation. March 2, 2016. This is a very common drug charge that is charged all the time in LA County and is a very easy charge for the prosecutors to prove if they can show that a person is somehow possessing some sort of drug paraphernalia that violates California Health & Safety Code . In some instances, possession of hypodermic needles and syringes is not a crime. February 3, 2022. Any other product that could be used as drug paraphernalia and has drugs (or drug residue) on it that are inherently illegal. California heroin laws are not lenient, and simple possession of the drug is charged as a felony, but the state offers options for those in need of treatment. The California Department of Public Health (CDPH) recently released a letter that summarizes changes to California law to increase access to harm reduction services and remove criminal penalties that prevent people from accessing services. Possession of Drug Paraphernalia is a misdemeanor under California law. Penalties for Possession of Drug Paraphernalia in California Possession of drug paraphernalia is generally a misdemeanor offense. Defendants under the age of 18 who are convicted of possession with intent to sell are guilty only of an infraction, and can only be sentenced to 8-10 hours of drug counseling and 40-60 hours of community service. April 14, 2022 What Is Drug Paraphernalia? If found guilty of HS 11364, the defendant could face up to one hundred eighty (180) days in the county jail. In order to convict you of this offense, the prosecutor must prove the following three facts . If so, you should not hesitate to find out how our experienced criminal defense lawyers at Maas and Russo can help . For example, in Ohio drug paraphernalia possession is a fourth-degree misdemeanor (punishable by up to 30 days of jail time plus a fine), but . Read our blog to learn about the laws and penalties for illegal possession of drug paraphernalia in California. Oakland criminal defense attorney y Neil Shouse is the founder and Managing Attorney of Shouse Law Group. Probation for three years. These items all fall under the broad category of drug paraphernalia. The penalties for possession of paraphernalia in California can be minor as the charge itself is generally a misdemeanor. Prop 47, Immigrants, and Drug Offenses C. Drug Paraphernalia D. A Drug Conviction, but at Least Not an Aggravated Felony Possession of Drug Paraphernalia Los Angeles Drug Possession Lawyer. Defense Strategies: Possession and Other Non-Trafficking Offenses A. Conviction/s "Relating to a Single Offense Involving Possession for On e's Own Use of Thirty Grams or Less of Marijuana" (And Similar Offenses) B. Simple possession of drug paraphernalia may lead the police to conduct a more in-depth search. California Law and Syringe Services Programs California Department of Public Health, Center for Infectious Diseases, Office of AIDS - April 2021. A violation of HSC 11364, Possession of Drug Paraphernalia, is a misdemeanor crime in California. Apart from the above penalties, a conviction can lead to professional repercussions for professional license holders. Charges for dealers and traffickers are much more serious. Possession of Controlled Substance Paraphernalia (Health & Saf. Possession of Drug Paraphernalia. These items are excluded because possessing items linked to drug sale or manufacture is often punished under HSC 11351, California's law on drug possession with intent to sell, or HSC 11352, selling or transporting controlled substances instead of under HS 11364, drug paraphernalia possession law. Heroin and other narcotics remain illegal under both federal and state law. In the State of California in violation of the Health and Safety Code 11364 HS, the illegal possession of drug paraphernalia is a misdemeanor and the penalties can entail a six month jail sentence with a $1,000 fine. Additionally, according to California law a person who is arrested for drug paraphernalia possession and has a professional license can be put on automatic leave. If convicted, you may have to spend up to six months in jail and be required to pay up to $1,000 in fines. Anyone may possess an unlimited number of syringes for personal use in California. Defendants convicted of . Possession of paraphernalia is a crime in California, punishable under Health and Safety Code section 11364, which states it is unlawful to possess any: Any device, contrivance, instrument, or paraphernalia to unlawfully inject or smoke. In the state of California, possession of methamphetamine (meth) is illegal. All you will need to do is contact our office today at (800) 483-0992 or submit a . Possession Of Paraphernalia - California Health & Safety Code Section 11364. Possession Charges for Drug Paraphernalia. California's possession of drug paraphernalia is linked to other drug-related crimes. Booked possession of legend drug or precursor, resisting law enforcement, possession of a Sub-Schedule II, III, IV controlled substance and criminal mischief with less than $750 in property damage. Devices or instrument may include, but are not . If you are charged with possession of a controlled substance in California, contact The Law Offices of Ross Green for a free consultation. 3 HS 11364 (a): California's Possession of Drug Paraphernalia Statute; The California Health and Safety Code Section 11364 states that it is unlawful to possess any item used to smoke or inject controlled substances . Our criminal defense attorneys with over 40 years of experience helping clients facing all types of drug . To be charged under Health & Safety Section 11364 for possession of paraphernalia, you must have possessed a device used to unlawfully inject or smoke a controlled substance. DUI had held the top spot the previous four years. In California, when a person is found to be in possession of illegal drug paraphernalia they can be charged with violating California Health and Safety Code 11364 HS. Under the California Health and Safety Code section 11364, it is unlawful to possess drug paraphernalia for the purpose of unlawfully smoking or injecting any controlled substance other than marijuana. It is punishable by up to 6 months in county jail and a fine of up to $1,000. A prosecutor must prove all of the following elements in order to have you convicted of a possession crime: Possession of drug paraphernalia is a criminal offense covered under California Health and Safety Code 11364. San Diego Drug Defense Lawyer Michael Rehm discusses California Health and Safety Code 11364, possession of drug paraphernalia. The fiscal year 2019-2020 saw misdemeanor possession of drug paraphernalia overtake misdemeanor driving under the influence (DUI) as the most-charged offense in Orange County. We strive to achieve the best possible outcome and keep your record clean. Possession of drug paraphernalia is a misdemeanor in the State of Washington. California Health and Safety Code 11367 HS — Immunity from prosecution [under HS 11364, California's drug paraphernalia possession law]. . This means that in addition to facing jail . In short, yes, it is a crime to possess drug paraphernalia in the state of Nevada. California law prohibits the sale, distribution, or possession of materials defined as "drug paraphernalia." However, for many years the state has recognized the scientific consensus that See also California Health and Safety Code 11364.5 HS, endnote 6, above. This law applies to anything that a person could use to unlawfully smoke or inject a controlled substance. Under California Health and Safety Code section 11364, it is against the law to possess any device or object used for illegally inhaling, smoking, ingesting, injecting or otherwise consuming a controlled substance. Code, § 11364) - Free Legal Information - Laws, Blogs, Legal Services and More