There are exceptions for certain items until 2021.
In California, it is illegal to possess controlled substances. This includes any drug (other than marijuana) that is considered a controlled substance by the United States government, such as heroin, cocaine, methamphetamine and opiates. It also includes certain prescription drugs without a legal prescription, such as vicodin, valium, and similar drugs that are likely to be abused.
Beyond the substances themselves, California makes it illegal to use the items that individuals would use to smoke or inject the drugs. Possessing these items — such as pipes to smoke meth or a spoon used to heat cocaine — can lead to a charge for possession of drug paraphernalia. According to an Orange County drug defense lawyer, this charge is a misdemeanor, punishable by up to 6 months in county jail, and/or a fine of up to $1,000.In addition, individuals who hold professional licenses may have their licenses suspended as a result of a conviction under this law.
Under the law, individuals are banned from possessing “”an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance.” Importantly, there is a significant exception to this law. Until 2021, it is legal to possess hypodermic needles or syringes in California if they are for personal use exclusively and they were obtained from a doctor, pharmacist or a sterile needle exchange. The purpose of this program is to prevent the transmission of HIV and other diseases that are commonly transmitted through the use of drugs that are injected.
A prosecutor must prove three elements in order to convict you of possession of drug paraphernalia: (1) you either exercised control over or had the right to control the paraphernalia; (2) you knew of the paraphernalia’s presence; and (3) you knew that it was drug paraphernalia. Based on these elements, a skilled Orange County drug defense lawyer can often present factual or legal defenses to this charge.
For example, your attorney may argue that you did not have control over the paraphernalia. Perhaps you were at a house where other people were using drugs, and the pipe that was found with meth residue in it belonged to someone else. Your Orange County drug defense lawyer can argue that you never controlled/possessed the pipe, and as a result, the charge must be dismissed.
Alternatively, your lawyer may argue that the object wasn’t actually drug paraphernalia. It may appear to be used for drugs, but actually be something that you use for another purpose, like to smoke tobacco. Your attorney may also attempt to have the evidence suppressed if it was found during an illegal search and seizure. If the police violated your constitutional rights in searching you, your home or your vehicle, you may have grounds to have any evidence seized as a result suppressed, and the charge dismissed.
At the Chambers Law Firm, we are fierce advocates for each of our clients. We believe that every person charged with a criminal offense deserves a top notch defense. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced Orange County drug defense lawyer.
