California Marijuana Laws – Drug Paraphernalia
Drug paraphernalia consists of a wide variety of items that are considered illegal in California if they are designed to aid in any activity related to the illegal use, distribution or transportation of marijuana. If found guilty of the crimes related to marijuana paraphernalia, the accused faces a misdemeanor, punishable by up to a year in county jail, a maximum $1,000 fine and a requirement that the individual forfeits the seized paraphernalia. In order to avoid these penalties, it is important to consult with an attorney who knows and understands the different defenses that apply to California’s drug laws.
Drug paraphernalia, with respect to marijuana, refers to all equipment, products and materials that are designed for use in planting, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, concealing, ingesting, inhaling, or otherwise introducing marijuana into the human body. Because of the wide variety of products that meet this definition, the following is only an example: scales and balances that weigh or measure marijuana, separation gins and sifters used to remove twigs and seeds from (or that otherwise clean or refine) marijuana, containers used to package or store marijuana and objects used to ingest or inhale marijuana, such as pipes, bongs and roach clips.
In order to determine whether an object is “drug paraphernalia,” the court will consider statements by the owner of the object concerning its use, any prior drug-related convictions of the accused, any instructions that were provided with the object concerning its use, how the object was displayed for sale and expert testimony concerning its use.
An individual who delivers, furnishes, or transfers, possesses with the intent to deliver, furnish, or transfer, or manufactures with the intent to deliver, furnish, or transfer, drug paraphernalia, knowing (or under circumstances where one reasonably should know), that it will be used to plant, cultivate, grow, harvest, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, conceal, ingest, inhale, or otherwise introduce marijuana into the human body will be charged with a misdemeanor, punishable by up to six months in jail and a maximum $1,000 fine. An individual 18 or older who does any of the above knowing that the recipient of the paraphernalia is under 18 and at least three years younger than he or she will be charged with a misdemeanor, punishable by up to one year in the county jail and the same maximum fine. A business owner found guilty of any of these activities who holds a California business or liquor license issued by the city, county and/or state may also lose that license. All seized paraphernalia will additionally be forfeited to the state.
It should also be noted that an individual who owns, operates or maintains a business where drug paraphernalia is kept, displayed, sold, furnished, transferred or given away (for legal substances) must keep it in a separate room, inaccessible to minors who are unaccompanied by their parents. Violating this law will not invite criminal penalties but may provide grounds for the revocation of one’s license.
California Marijuana and Drug Defense Lawyer
The outstanding criminal attorneys at The Kavinoky Law Firm specialize in everything related to California drug crime defense. They have mastered the defenses that are available to an individual charged with participating in an illegal marijuana paraphernalia activity and are dedicated to having their client’s charges either reduced or dismissed. With several law offices in Los Angeles and others located throughout California, they are easily accessible to anyone in need of a vigorous defense. For the most trusted legal advice and exceptional representation, contact them today for a free consultation.
