Health and Safety Code 11364.1a – Paraphernalia for Possession

Under California Health and Safety Code Section 11364.1a, it is illegal for an individual to possess any device including a methamphetamine pipe, instrument, contrivance or paraphernalia for unlawfully smoking or injecting a controlled substance. Controlled substances are drugs that are specifically regulated by law with regard to possession, manufacture or delivery. Some examples of controlled substances include heroin, cocaine, morphine, methamphetamine and marijuana. Strictly speaking, "drugs" are substances used for the diagnosis, cure, treatment, and prevention of a disease or physical or mental condition. "Narcotics" are substances that dull the senses and become addictive after steady use. "Inhalants" are narcotics, and their use as narcotics is illegal. When inhaled, they rob the body of oxygen and can cause brain damage. Spray paint, hair spray, paint thinner, and bug killers are the commonest types.

What Is Paraphernalia for Possession?

Under most circumstances, the mere presence of a device or opium pipe on the individual's premises is not enough, especially if it is a location that is well traveled or occupied by others. There must be sufficient proof that the person had knowledge of the presence of the device or crystal meth pipe and intended to use it for unlawfully smoking or injecting a controlled substance. Thus, if the device or opium pipe is located in an area of the individuals' home or car, where he has exclusive dominion or control, this may constitute possession by the individual, by virtue of the location of the device or opium pipe on the individual's private property.

A person cannot be charged with possession of a controlled substance if they have received a prescription from  a doctor for that person's illness or injury. Individuals can possess such devices or crystal methamphetamine pipes for injecting or smoking controlled substances if they are required to do for treatment or health reasons and have been asked to do so by a doctor

Possession of the device, opium pie, instrument, contrivance or paraphernalia may be actual physical possession or "constructive" possession. Constructive possession means that possession will be implied if the person has the intent to possess the device, opium pipe, instrument, contrivance or paraphernalia and maintains control and dominion over the premises where the device, opium pipe, instrument, contrivance or paraphernalia is located.

Simply proving that the individual had knowledge of the device, opium pipe, instrument, contrivance or paraphernalia and that it was in his immediate and exclusive control is sufficient for the purpose of California Health and Safety Code Section 11364.1a. Knowledge of the device, opium pipe, instrument, contrivance or paraphernalia alone is not enough. The individual must also have immediate and exclusive control over the device, opium pipe, instrument, contrivance or paraphernalia.

Legal Repercussions for those facing 11364.1 Charges

The seriousness of a drug offense depends on the quantity of drugs or paraphernalia the individual possesses or sells. Possessing a small quantity is usually a misdemeanor, but possessing large amounts of any illegal drug is a felony. When someone is caught with a cache of controlled substances, most criminal courts presume that the individual intended to sell them. To beat a "trafficking" charge, the suspect must present strong evidence to overcome or "rebut" the court's presumption. But even if the trafficking charge is successfully rebutted, the suspect might still face a charge of illegal possession. Trafficking in large quantities of drugs or narcotics is a serious offense, particularly if the substances cross state lines. For more information that is specific to your case, contact an Orange County drug crime lawyer in your area.