As the attitudes about drug use in the United States – and California in particular – begin to change, some laws are changing as well. That said, being caught with drugs or in connection with drugs can still lead to serious criminal consequences. It’s true that the most serious drug crimes are manufacturing or distributing drugs, with drug possession typically coming in with less consequences.
But what about possession of drug paraphernalia? As we see so much press around the changing drug laws, we rarely see them discuss the still enforceable laws against possession drug paraphernalia. What exactly is meant by “paraphernalia” and what are the potential consequences? Read on to learn and then reach out to Law Office of Michael L. Fell at (949) 585-9055 to speak to an attorney about your case.
The legal definition of drug paraphernalia
California law has a fairly loose definition of what’s included under the umbrella term of “drug paraphernalia.” The law states that it’s anything that’s related to drug use, to the possession of drugs, or to the concealment of drugs that isn’t actually drugs. The most common example are devices used for smoking marijuana, like pipes or bongs.
Other types of things that may be considered drug paraphernalia are syringes, pipes, and any type of device that the prosecutor decides is used primarily to hide illegal drugs.
The seriousness of a charge of drug paraphernalia
It’s rare for a person to be charged solely with drug paraphernalia. In most cases, it’s an add-on charge if a person is arrested for a similar charge related to drugs. In some cases, a prosecutor may threaten to charge a person they’re trying to get information on for other charges.
The charge can be one of many charges in a package of charges from a drug arrest, or it can all stem from something simple like a traffic stop, where the police found the item. Most of the time, drug paraphernalia charges are charged as misdemeanors, which means that the maximum charge is one year.
It’s important to take these charges seriously
Though they may not seem that serious on the surface, you still want to take these charges seriously. Why? Because having any type of drug conviction or guilty plea on your record could change your options in the future. Depending on the specifics of your case, we may argue that the item wasn’t yours, that you were using it for a legal reason, that you didn’t know that it was drug paraphernalia, or that the item was only found during an illegal search and shouldn’t be admissible.
Every case is different. Each one requires a unique handling. To learn more about your case, reach out to Law Office of Michael L. Fell for a consultation. We can assess your case, listen to the basics, and let you know what our honest opinion is. We will present you with options, the likely and possible consequences, and our legal opinion. Call today at (949) 585-9055 to get the process started.