What are the factors or elements for 11364 H&S Possession of Drug Paraphernalia?
Health and Safety Code 11364 HS California’s “possession of drug paraphernalia” law prohibits possessing “an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance”.
In order to convict you of this offense, the prosecutor must prove the following three facts (otherwise known as “elements” of the offense):
- That you exercised control over…or had the right to control…drug paraphernalia,
- That you knew of the paraphernalia’s presence, and
- That you knew it was drug paraphernalia.
How can we defend you against charges of California Penal Code 11364 H&S Possession of Drug Paraphernalia?
You didn’t have control over the paraphernalia
If you didn’t have control over the paraphernalia, then you shouldn’t be convicted of this California drug offense.
The object wasn’t paraphernalia
Just because the object looks like something that can be used to inject or consume illegal drugs, doesn’t necessarily mean that it actually is. Maybe it’s a tool that you use to administer prescription drugs to your sick or injured animal. Maybe it’s a pipe that you use to smoke tobacco.
In order to be convicted of this offense, the prosecutor must prove that you possess drug paraphernalia…other objects do not satisfy this criteria.