When people hear about drug paraphernalia, they may automatically think about things like bongs and pipes, but those aren’t the only items that fall under the umbrella of drug paraphernalia. Anything that’s used in relation to illegal drugs can be considered drug paraphernalia.
California Health and Safety Code § 11364 and 11014.5 contain information about what constitutes drug paraphernalia. It’s a broad law that includes everyday objects if they’re used for consuming, injecting or smoking illegal drugs.
How are everyday items classified as drug paraphernalia?
The circumstances surrounding the item is what determines whether it is drug paraphernalia or not. Some of the factors that are considered include:
- Presence of drug residue
- Location of the item
- Proximity to other drug-related items
- Intent and statements
- Prior history of drug convictions
In many cases, more than one of these factors will come into the picture. For example, a digital scale in your kitchen isn’t illegal because it’s marketed to use for weighing ingredients. But if that same scale is found in the living room or trunk of a vehicle with baggies, cash and substances resembling narcotics, it might suddenly be viewed as evidence of drug-related activity.
Drug paraphernalia may not seem like a serious criminal charge, but it’s often included in a case involving other charges. It’s critical that anyone who’s charged with drug charges of any sort seek out assistance with their case. Learning what options they have for a defense strategy may be beneficial so they can work on getting things set up in a way they feel represents their best interests.
