Possession of Drug Paraphernalia
Health & Safety Code § 11365
What counts as a violation of Health & Safety Code § 11365?
Health & Safety Code § 11365 makes it a crime to visit or to be in any room or place where any controlled substances, or narcotic drugs classified in Schedule III, IV, or V, are being unlawfully smoked or used with knowledge that such activity is occurring.
The stature applies only where the defendant aids, assists, or abets the perpetration of the unlawful smoking or use of a controlled substance.
To be convicted under Health & Safety Code § 11365, the prosecution must prove all of the following
- The defendant
What is the punishment for a violation of Health & Safety Code § 11365?
- You did not know you were in possession of the paraphernalia
- You were in possession of an object not intended for illegal ingestion of a drug
- The evidence was obtained during an unlawful search and seizure
What are the defenses to Health & Safety Code § 11365?
- You did not know you were in possession of the paraphernalia
- You were in possession of an object not intended for illegal ingestion of a drug
- The evidence was obtained during an unlawful search and seizure
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