Possession of Drug Paraphernalia | CA HS11364

drug-paraphernalia

There aren’t likely many individuals in California who do not know that possessing drugs is a serious offense that can result in severe consequences. What many people may not know, however, is that simply possessing the items used for the consumption of certain drugs can be treated as a criminal offense. This crime is known as possession of drug paraphernalia, and if convicted, an individual may end up with a punishment viewed as excessive by many.

What is Possession of Drug Paraphernalia?

Drug paraphernalia involves any equipment, product, or material that is modified for making, using, or concealing drugs—typically for recreational purposes—and merely being in control of these items is a violation of California’s Health and Safety Code. The law strictly says that it’s illegal to possess drug paraphernalia, and it goes on to state that these types of items include anything used in the smoking or injecting of unlawful controlled substances. It should be noted that syringes used for medically prescribed purposes do not fall under this statute.

The prosecution must prove that a person had control over, or simply the right to control, the paraphernalia when arrested. In addition, it must be proven that the individual knew the item was drug paraphernalia and also knew that they had control over the item. Items used for marijuana use are exempted from this law and handled under other statutes.

Bail Amounts for Possessing Drug Paraphernalia

Though the State of California sets forth the punishments related to all crimes committed within its borders, it does allow individual counties to set forth their own bail amounts; each county lists these amounts in their bail schedule. Individuals who can either pay the face amount, or have Bail Hotline post the bond for a fraction of that cost, can be released from jail instead of waiting in custody for their court date.

The bail amounts for possessing drug paraphernalia can vary greatly. In Los Angeles, for instance, bail is set at $250 after a drug paraphernalia possession arrest. It’s important to note, however, that many bail schedules don’t even list a bail amount for possessing drug paraphernalia. This doesn’t mean, though, that there is no set measure. In Orange County, for instance, the bail schedule states that any misdemeanor charge that isn’t listed will have a bail amount of $500.

Punishments for Drug Paraphernalia Possession

The potential repercussions for a conviction of this magnitude are pretty straightforward. Those who are convicted are guilty of a misdemeanor and subject to up to six months in jail. In addition to this, a person may also face a $1,000 fine for their possession of these particular items. Many think this is a bit excessive for merely having certain equipment, but these punishments have long been set forth by the state.

In addition, individuals with California professional licenses, such as a teaching license, may be put on automatic leave until the situation has been resolved. This means that an individual in this position could face the loss of their job in addition to the aforementioned penalties.

While the punishments for possessing drug paraphernalia may seem excessive to some, this doesn’t mean that the California criminal justice system is going to go easy on a person convicted of the crime. Anyone facing these types of charges has a few important decisions to make, and an individual who gets help from an attorney is much more likely to have a good outcome from their case.

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