Alameda Drug Paraphernalia Lawyer
Drug paraphernalia consists of any pipe, device, or instrument that is needed to use illegal substances. As part of its anti-drug laws, the state legislature has criminalized any paraphernalia that individuals may use when ingesting controlled substances, narcotics, and other illicit drugs.
An Alameda drug paraphernalia lawyer may be able to aid in your defense if you are accused of possessing any of these instruments. A skilled criminal defense attorney could review the facts of your case and build a strong defense to meet your particular needs.
Drug Paraphernalia Possession in Alameda
Ca. Health and Safety Code § 11364 prohibits the possession of any drug paraphernalia, including any device, instrument, or other items that individuals use to inject or smoke illicit drugs. Common types of paraphernalia may include:
- Chamber and carburetor pipes
- Roach clips and rolling papers
- Cocaine spoons
Hypodermic needles and syringes may also be paraphernalia, but not if they have been appropriately disposed of in a sharps waste container. Individuals must have acquired these items from doctors, pharmacists, needle exchange programs, or other sources authorized by law to issues these items without a prescription.
An Alameda attorney could argue against the prosecution, claiming that individuals unknowingly possessed drug paraphernalia. Possession of devices for drug use is a misdemeanor crime under state law, which can result in up to six months in jail and a $1,000 fine.
Business Displays of Devices for Drug Use
Aside from possession, other state laws affect the ability of individuals and businesses to take specific actions concerning paraphernalia. For instance, under Ca. HSC § 11364.5, stores that sell drug paraphernalia must keep it in a separate area in which minors may not enter, except when accompanied by a parent or guardian. However, a violation of this section is not a criminal offense, but only a basis to deny business, or other necessary, permits.
H&S Code section 11364.5 contains an exhaustive list of all items that may constitute drug paraphernalia. This includes vials and containers to store drugs, testing equipment to measure the purity and strength of drugs, kits to grow or compound drugs, and balances and scales for weighing drugs.
Courts and law enforcement can weigh various enumerated factors in deciding whether some items constitute paraphernalia within the meaning of this section. An Alameda attorney investigating a drug paraphernalia charge could collect statements by the owners or employees of the objects, prior convictions for offenses involving controlled substances, and instructions that come with the items.
Other Drug Paraphernalia Offenses
Various other offenses involving drug paraphernalia exist under state law. For example, laws make it illegal for individuals to:
- Provide drug paraphernalia to others knowing that they intend to use it for illicit purposes
- Provide drug paraphernalia to minors
- Manufacture drug paraphernalia knowing that others will use it for illegal purposes
These can be charged as misdemeanor or felony offenses, depending on the situation.
Contact an Alameda Drug Paraphernalia Attorney for Advice
A conviction on charges related to drug paraphernalia can be devastating for your personal and professional aspirations. Avoiding a criminal record that involves controlled substances can be vital to your future success. An Alameda drug paraphernalia lawyer could help protect your future. Call now and schedule a consultation.