Almost everyone in California should know that possessing drugs is a serious offense that can result in severe consequences.
What many people may not know, however, is that prosecution doesn’t begin and end with consumption. Simply possessing the items used in the consumption of certain drugs can be a criminal offense. This crime is known as possession of drug paraphernalia. If convicted, drug paraphernalia charges mean an individual may end up with a punishment that many view as excessive.
What is Possession of Drug Paraphernalia in California?
Drug paraphernalia involves any equipment, product, or material that is modified for making, using, or concealing drugs, typically for recreational purposes. Merely being in control of these items is a violation of California’s Health and Safety Code.
The law says that it’s illegal to possess drug paraphernalia in California. It goes on to state that the list of these types of items is broad. It includes 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 has the burden of proof. A conviction relies on proving a number of facets in the case. Namely:
- They must prove that a person had control over, or simply the right to control, the paraphernalia when arrested.
- It must be proven that the individual knew the item was drug paraphernalia.
- It must be proven the individual also knew that they had control over the item.
Items used for marijuana use are exempted from this law and handled under other statutes.
Is Possession of Drug Paraphernalia a Felony in California?
Possession of drug paraphernalia is a felony in the United States. It carries penalties of up to three years in prison. But federal and state statutes are different.
Possession of drug paraphernalia in California is not a felony. It is instead classified as a criminal misdemeanor offense.
According to California Law, the rules are different for a minor. A person is considered an adult starting at the age of 18. However, in some circumstances, an individual as young as 14 can be tried as an adult. As such, a minor in possession of drug paraphernalia in California may be tried as an adult.
Types Of Drug Possession Charges
Understanding the types of drug possession charges can help you know what to expect in a court of law. The penalties for various types of drug possession charges vary from case to case. It is important that you have a strong defense against any potential criminal charges.
There are three types of drug possession charges an individual may face:
- Actual Possession – Actual possession happens if drugs were found on the defendant’s person. For example, if you are smoking a marijuana cigarette and police walk by, charges are automatic. You would stand charged with actual possession.
- Constructive Possession – Constructive possession happens if drugs were stored and under the defendant’s control. For example, if drugs were in the trunk of a vehicle, then it would be considered constructive possession.
- Joint Possession – Joint possession happens when multiple persons possess the drugs in question. For example, if two friends were in a car and police found marijuana on each of them, charges are split. Both individuals would face charges for joint possession.
Penalty for Possession of Drug Paraphernalia in California
The potential penalty for possession of drug paraphernalia in California varies depending on the outcome of the trial. A conviction of this misdemeanor can potentially lead to:
- Up to six months in jail,
- A listing on your permanent criminal record, and
- A potential fine in the thousands.
When in doubt about potential penalties, talk to your legal counsel.
Bail Amounts for Possession of Drug Paraphernalia in California
The state of California sets forth punishments related to all drug crimes committed within its borders. But its power is not far-reaching. For example, bails are not handled at the state level. California allows individual counties to set their own bail amounts.
Each county lists these amounts on their bail schedule. Individuals can be released from jail instead of waiting in custody for their court date in two cases:
- They pay the face amount, or
- They have Bail Hotline post the bond for a fraction of the face amount’s cost.
The bail amounts for possessing drug paraphernalia can vary greatly. In Los Angeles, for instance, bail is set at $250 after an arrest for drug paraphernalia possession.
It’s important to note, however, that the process is not always straightforward. 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 Possession of Drug Paraphernalia
The potential repercussions for a conviction of this magnitude are pretty straightforward. Those who are convicted of possessing 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 are at greater risk. Those with a teaching license, for example, may be put on automatic leave until the situation has been resolved. This means that these individuals could face the loss of their jobs in addition to the aforementioned penalties.
The punishments for possessing drug paraphernalia in California may seem excessive to some. But this doesn’t mean that the California criminal justice system is going to go easy on the convicted. Anyone facing these types of charges has a few important decisions to make. Moreover, an individual who gets help from an attorney is much more likely to have a good outcome from their case.
The California Bail Reform Act
California has attempted a reform for the bail process, though this effort has ebbed and flowed over the years.
The California Bail Reform Act of 2017 (SB 10 and AB 42) sought to reform the bail system. Its intention was to help those who rely on bails to be safer and get access to justice. However, the bill was paused following the results of California v. Davis. You can read more about that case here.
It is unclear if bail reform in the state of California will resume at this time.
Bail Drawbacks
However, those who post bail for possession of drug paraphernalia in California don’t have a free ride. Consider just a few of the following stipulations:
- You cannot come and go outside of California as you please. If you wish to travel across state borders, this agreement needs to be put into your bail bond agreement in advance.
- Bail bond fees are non-refundable, regardless of the outcome of your trial.
- If you jump bail, a third party will search for you to return you to law enforcement. Jumping bail is counted as a separate criminal violation – it is processed as “failure to appear.”
- You are not exonerated. Posting bail merely prevents you from having to report to jail while the legal proceedings play out.
Benefits of Bail
There are numerous reasons why posting bail is a smart choice. For an individual charged with possession of drug paraphernalia (first offense or otherwise), consider how:
- You can continue working even while legal proceedings play out.
- You can continue to care for your family and loved ones.
- You can meet with your criminal defense attorney as needed.
- And much more.
When you are not confined by a jail, your life can continue as it did prior to arrest.
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If you need help with posting bail for your possession charges, My Bail Hotline can help. Get help from an expert today!
