Possession of drug paraphernalia is a severe offense under California laws. It communicates an intent to sell, distribute, manufacture, or traffic controlled substances. Drug paraphernalia includes any item that could be used to consume, manufacture, skill, distribute, or sell controlled substances. It could consist of razor blades, needles, tinfoil, or methamphetamine pipes.

According to HS 11364, possession of drug paraphernalia is a misdemeanor offense. You could receive a jail sentence of up to six months and a court fine of $1000 if the court finds you guilty. A conviction under this statute in Monterey also carries other severe consequences that could affect your career and social life. However, you can change the outcome of your case with our assistance at Monterey Criminal Attorney. We can utilize our best defense tactics to cause the court to dismiss or reduce your charges.

An Overview of HS 11364

Drug crimes are a significant problem across the world. Almost all countries today have stringent drug laws that punish those found guilty of possession, distribution, sale, or manufacture of dangerous drugs. California drug laws include laws against possession of drug paraphernalia. They prohibit simple possession, sale, or distribution of items used for consuming, manufacturing, or trafficking controlled substances. The police can charge you under this statute for being in possession of pipes, devices, instruments, or any other item used for injecting, smoking, or otherwise administering a controlled drug to a human body.

However, the law exempts some people from persecution for possession of drug paraphernalia. For example, if you have a legal prescription for a particular controlled substance, it is not unlawful to possess the instruments for administering that drug. You can be exempt from persecution if you legally possess syringes or hypodermic needles for your use. Legal possession, in this case, means you have a legal prescription to buy or obtain those items from a healthcare center or a drugstore. You must also have received the paraphernalia from an authorized dealer to avoid persecution for illegal possession of drug paraphernalia.

People who have legally obtained hypodermic needles and syringes are exempt from persecution because these items help in the prevention of the transmission of dangerous illnesses like HIV among consumers of injectable drugs.

When arresting and charging suspected offenders under this statute, the police must be sure that the items in your possession satisfy the criteria used to identify drug paraphernalia. Examples of everyday items that could result in grave charges if found in your possession include cocaine spoons, methamphetamine pipes, syringes, and needles. Drug laws have changed recently to allow drug consumers to possess needles and syringes for individual use legally. However, they must be from a legal source, and you must have a valid reason to buy or obtain them.

The other items whose possession can result in charges under this law include smoking masks, crack or cocaine pipes, roach clips, glass hashish pipes, and hashish bongs. Some drug consumers use improvised drug paraphernalia to conceal controlled substances. If the police find out that you are using them, you will face charges for possession of drug paraphernalia, even if the items in your possession are not among those listed under the law. What matters is that you had an item used for a regulated substance's consumption, sale, distribution, or manufacture.

What the Prosecutor Must Prove

When prosecuting criminal cases, the prosecutor bears the burden of proof. This means they must prove all the case facts beyond a reasonable doubt to obtain a guilty resolution. Stating that you were in possession of drug paraphernalia is not enough for the court to find you guilty of your charges. The elements or facts of this offense include the following:

  • You were in possession of drug paraphernalia.
  • You were aware of the drug paraphernalia’s presence in your person or property.
  • You knew of the nature of the item(s) in your possession as drug paraphernalia.

First, the prosecutor must demonstrate that you were in possession of drug paraphernalia. In this case, possession means that you were in control of an item or items used in a controlled substance's consumption, production, sale, or distribution. You can be in direct or indirect control of the items. For example, you are in actual possession of drug paraphernalia if you hold the item or items in your hands or carry them in something you are wearing or carrying. The paraphernalia could also be in your car, house, or any other property you own (like a locker).

You can be charged for possession of drug paraphernalia, even if the items are not in your direct control. This could happen if you have kept them in someone else’s house or hidden them somewhere else where you have access. You are still guilty if you jointly possess the paraphernalia with another person. This means that you or the other person or people have direct control of the items. The prosecutor must demonstrate your possession of drug paraphernalia beyond a reasonable doubt to obtain a guilty ruling.

The prosecutor must also demonstrate your knowledge about the presence of the paraphernalia and the nature of the items as drug paraphernalia. Although this is challenging to prove, prosecutors have a way to determine this knowledge. For example, if you appeared nervous or tried to hide the items, it could prove your knowledge that whatever you have is unlawful. However, without your knowledge, you are not guilty if someone else puts the paraphernalia in your bag, backpack, house, vehicle, or locker. You are also not guilty if you know of the paraphernalia’s existence in your person or property but do not know its nature as drug paraphernalia.

The prosecutor must prove all these elements beyond a reasonable doubt for the court to deliver a guilty judgment. The judge will drop your charges if they prove one, not the three components or only two elements. You can also present evidence or arguments to weaken the prosecutor’s case, which could work in your favor. Remember that you can compel the court to dismiss or reduce your charges.

Note: HS 11364 prohibits possession of drug paraphernalia for consumption purposes. The judge can enhance your charges and sentence if the prosecutor demonstrates beyond a reasonable doubt that the paraphernalia in your possession was for sale, distribution, or manufacture of a regulated substance. Remember that the sale, distribution, and manufacture of a controlled substance are graver offenses than possession for consumption. Thus, you could face charges for the sale or distribution of a controlled substance if the prosecutor discovers that the drug paraphernalia in your possession is for sale or distribution of a regulated substance. This will result in a graver felony charge and a heftier penalty.

Some items that could trigger additional charges under this statute include weighing scales and measuring instruments. These signify your intent to sell or distribute controlled substances and not for individual use. Measuring bowls, spoons, and mixing devices like blenders could also prove intent to manufacture drugs. The prosecutor will also file graver charges if the paraphernalia in your possession is used for packing and concealing drugs.

Remember that you cannot face charges for possessing drug-related paraphernalia unless the prosecutor can associate the items with a regulated substance. Under the Controlled Substances Act, this could include items used for the consumption of stimulants, depressants, hallucinogens, and opiates. Examples of drugs you can be associated with include cocaine, heroin, PCP, and methamphetamine.

Note: The statute exempts marijuana users from persecution under HS 11364. If the paraphernalia in your possession was for marijuana use, and you can prove it during your trial, the judge will drop your charges. This is because a separate statute exists that regulates the use, cultivation, sale, and distribution of marijuana. Proposition 64 allows Californians to buy, cultivate, and possess marijuana for personal consumption. Thus, possessing paraphernalia for that purpose is legal.

Penalties for the Possession of Drug Paraphernalia

HS 11364 is a misdemeanor offense punishable by the following:

  • A maximum of six months in jail
  • Misdemeanor probation
  • A fine of not more than $1000

Misdemeanor Probation

The judge can sentence you to misdemeanor probation instead of jail. Judges do this at their discretion. Misdemeanor probation will allow you to serve your time out of incarceration. You can continue working, running your business, and caring for your family while serving your sentence. However, you must abide by some strict probation conditions the judge will set during your sentencing. For example, the judge will require you not to commit any crime while on probation and to submit periodic reports about your performance. You could also be ordered to undergo drug treatment and rehabilitation, counseling, or participate in community work.

You can be on probation for between one and three years. You must also abide by all the conditions the judge provides. If you violate your probation, the judge can cancel it and send you to jail for six months.

Conviction Impact on Professional License

A conviction for possessing paraphernalia will likely affect your license if you are a licensed professional. Most professional license-issuing bodies are particular about violations that could result in the suspension or revocation of your license. Drug crimes are some of the crimes that affect professional license holders. This means you will be subject to an administrative process that could result in the suspension of your license after your arrest for possession of drug paraphernalia. Your licensing body could revoke your license even before the outcome of your criminal case. This will destroy your livelihood and a career that has taken you a long time to build.

Sentencing Enhancement

Depending on the details of your case, you can be subject to a sentencing enhancement after conviction under HS 11364. This could happen if there are aggravating factors in your case. For example, if there is evidence that you manufactured or delivered drug paraphernalia, you could face a jail sentence of up to a year instead of six months. The judge will also enhance your sentence if the prosecutor can prove that you intended to or provided paraphernalia to a child.

Being arrested for the possession of drug paraphernalia in a protected zone like a school is also punishable by a one-year jail sentence and a court fine of $1000.

A Damaging Criminal Record

A criminal conviction always results in a criminal record. However, your criminal record after a conviction for a drug-related charge could be more damaging. This will affect various areas, including your social and professional life. For example, a conviction could affect your relations and make it difficult to make close connections afterward. This is because people are skeptical about associating with ex-convicts, especially those who have a drug-related criminal record.

A conviction record could also affect your attempts to find proper employment. This is because most employers perform background checks on potential employees. If they see a drug-related conviction in your record, they could reject your application regardless of your qualifications.

A damaging criminal record could also affect how you find a suitable home to rent. Landlords perform background checks and will not willingly rent or lease to you if you have a criminal background.

Drug Diversion Programs

These are alternatives to incarceration that judges and prosecutors use to provide a more lenient option for first-time drug offenders. A drug diversion is a treatment and rehabilitation program that gives you a chance to correct your behavior for a crime-free future. Judges sentence first-time drug offenders to drug diversion programs at their discretion. If you are eligible, your defense attorney can propose it to the prosecutor, or the prosecutor can suggest it if they feel you are eligible.

If the judge agrees to a drug diversion program, they will delay your trial to allow you to complete the program. The judge will drop all the charges if you complete the program per the set terms and conditions. However, if you fail to abide by the conditions of the drug treatment program, the judge will cancel it and continue your case from where they left off.

Drug diversion programs are good because they do not result in a damaging criminal record like criminal convictions. This means you can freely apply for jobs and look for a suitable place to rent without worrying about what your potential employer or landlord will find in your background check.

However, you must be eligible for a judge to agree to sentence you to a treatment program. Mostly, these programs are available for first-time non-violent drug offenders. The judge will consider the circumstances of your case and your criminal history to give you this chance.

Fighting Charges for Possession of Drug Paraphernalia

Although a conviction for possession of drug paraphernalia can significantly impact your life in many ways, you can change the outcome of your case through a proper defense. You can do this with the assistance of a skilled criminal attorney. Criminal attorneys have various strategies to fight different charges to compel a fair outcome of their client’s cases. Your defense attorney can compel the court to dismiss or reduce your charges with proper defense. Here are some of the strategies that could work well for your situation:

You Were Not In Possession of Drug Paraphernalia

A violation of HS 11364 occurs when the police arrest you while in possession of drug paraphernalia. Possession can be actual possession (whereby the paraphernalia is on your person), constructive possession (the paraphernalia is in a different location with you, but you have complete control over it), or joint possession (when you jointly possess or control the paraphernalia with one or more people). If none is true for your case, you can employ this defense to cause the court to drop your charges.

This defense can work if your attorney proves you did not control the paraphernalia. This could be true even if the paraphernalia were in your bag, vehicle, or car. When it comes to constructive possession of drug paraphernalia, it is challenging for prosecutors to prove cases. Your defense attorney can create reasonable doubt in your case for the court to deliver a not-guilty verdict.

Items in Your Possession were Not Drug Paraphernalia

Sometimes, drug consumers use everyday items to administer drugs to their bodies. This has caused the police to treat some household items with suspicion, especially when they have a reason to believe that a person is illegally using drugs. They can arrest and charge you for possession of drug paraphernalia if they find you with an item that appears as if it can administer drugs to a body, like a tube.

If the police are mistaken, your defense attorney can apply this defense to fight your charges. They can argue that even though the items in your possession look like drug paraphernalia, they are not. Some items used to administer controlled substances are used to administer treatment to pets like cats and dogs. You can clarify that to the jury to compel the court to dismiss your charges.

Additionally, the judge can dismiss your charges if the prosecutor cannot demonstrate all elements of your case. The prosecutor, in this case, bears the burden of proof. They must prove beyond a reasonable doubt that the items in your possession are drug paraphernalia. The judge can dismiss your case if the prosecutor does not have compelling proof to support their statement.

You Did not know About the Paraphernalia

The law requires the prosecutor to demonstrate that you were aware of the drug paraphernalia in your possession and its nature as drug paraphernalia. If this is not the case, the judge will drop your charges.

You can fight your charges by stating and proving that you did not know about the paraphernalia’s presence in your person, property, or control. If someone hides drug paraphernalia in your house vehicle or puts it in your pockets or bag without your knowledge, this defense can work in your favor. Your skilled attorney will show how possible it is that you had the drug paraphernalia but did not know about its existence.

Additionally, you can utilize this defense if you had the items and were aware of their existence but did not know that they were drug paraphernalia. This is possible if you were holding or delivering them for someone. You are not guilty until you knowingly handle drug paraphernalia.

Illegal Search and Seizure

This is a viable defense strategy if you disagree with how the police conducted their search and seizure. Police conduct is regulated by the law to prevent cases of human rights violations. If the police suspect you of having drug paraphernalia on your person or property, they must first obtain a search warrant. The warrant must provide details of the search and its limitations.

You can fight police evidence during your trial if the police do not have a warrant to search your person, house, or vehicle. You can also use this defense if you believe the police have extended the provisions of their search warrant. You must discuss all the details about the search and seizure with your skilled attorney.

The judge will throw out any evidence the police obtained through an unlawful search or seizure. This could leave the prosecutor with insufficient evidence to obtain a guilty judgment.

Find a Proficient Criminal Attorney Near Me

If you or your loved one faces charges for possession of drug paraphernalia in Montere, a competent criminal attorney can help.

This is a crime whose conviction can affect several aspects of your life. For example, it could result in lengthy prison time, a hefty court fine, and a damaging criminal record. It could also result in your professional license revocation or difficulties obtaining a professional license.

Fortunately, you can fight your charges with the assistance of a skilled criminal attorney. At Monterey Criminal Attorney, we handle all kinds of drug charges. From our experience, we can choose the best fighting strategies for a favorable outcome. We can also defend your rights and offer support to overcome the most challenging matter. Call us at 831-574-1791 to discuss your case and our assistance in detail.