Household Items may be considered Drug Paraphernalia
There are, of course, many legitimate uses for common household items. Under certain circumstances, however, the law may consider these items as drug paraphernalia. Being in possession of such an item in an area known for drugs and having a police officer notice it may lead to your arrest for possession of drug paraphernalia.
In California, it is against the law to possess any tools, devices or instruments used to smoke, take, ingest, inhale or inject controlled substances. For charges to be pressed the district attorney must prove three things; you knew it was drug paraphernalia, you exercised control over the drug paraphernalia, and you knew of the paraphernalia’s presence. Being caught with and arrested for possession of drug paraphernalia is a crime that will have long term implications for years to come if you are convicted.
Household Items as Drug Paraphernalia
The challenge with identifying drug paraphernalia is that some items have legitimate use such as bongs or marijuana pipes that have disclaimers indicating that they are for tobacco use only. Many instruments, tools, household devices and everyday utensils can be considered drug paraphernalia in California. Common examples of “dual use” household items are writing pens, spoons, insulin syringes, cigarette lighters, electronic scales, baggies, and rolling papers.
Sentencing and Punishment for Possession of Narcotics Paraphernalia
A possession of narcotics paraphernalia conviction is punished as a misdemeanor. If you are convicted for possession of narcotics paraphernalia, you may face up to one year in county jail, and a maximum fine of $1,000. Consultation with a qualified drug violation attorney can give you a more detailed explanation of the sentencing and penalties for possession of narcotics paraphernalia.
In addition to possession of narcotics paraphernalia, there are offenses related to paraphernalia that may also be charged. They are delivering or manufacturing drug paraphernalia, furnishing drug paraphernalia to a minor, possession of a hypodermic needle on school grounds, and businesses furnishing drug paraphernalia.
Daniel R. Perlman
The Law Offices of Daniel R. Perlman