Blog

Does Proposition 64 mean that it's now legal to possess marijuana paraphernalia?

Posted by Neil Shouse | Jan 17, 2017 | 0 Comments

It's legal to possess marijuana paraphernalia in California--but not because of the marijuana legalization law Proposition 64.

In fact, California's possession of drug paraphernalia law (Health and Safety Code 11364 HS) never applied to paraphernalia for smoking marijuana (such as bongs and papers for rolling joints).

The major forms of paraphernalia that are covered under HS 11364 include items used for smoking or injecting drugs like methamphetamine, cocaine and heroin.

And California's drug paraphernalia law now even makes an exception for syringes and hypodermic needles that are acquired from a safe, legal source like a pharmacy or needle/syringe exchange. This exception is in effect until 2021 and is designed to help prevent the transmission of needle-borne diseases among users of injected drugs. 

The upshot is that, these days, California's drug paraphernalia possession law is applied mostly to items like miniature cocaine spoons and methamphetamine pipes.

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Free attorney consultations...

Our attorneys want to hear your side of the story. Contact us 24/7 to schedule a FREE consultation with a criminal defense lawyer. We may be able to get your charges reduced or even dismissed altogether. And if necessary, we will champion your case all the way to trial.

Regain peace of mind...

Our defense attorneys understand that being accused of a crime is one of the most difficult times of your life. Rely on us to zealously and discreetly protect your rights and to fight for the most favorable resolution possible.

Office Locations

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

To contact us, please select your state:

Call us 24/7 (855) 396-0370