Possesion of paraphernalia, Ca H&S Code 11364, by a minor

Help , I took my minor son to his arraignment for 11364 thinking it was no big deal.
We need some advice because the protem explained that my son was charged with possesing an opium pipe and that he should deny the charges and try to convince the next judge that he had a marajuana pipe. I have heard that marajuana pipes are not illegal. What should I do? We need to convince the next judge that he did not have an opium pipe. He was caught with a glass pipe with a bubbler on it.We live in California.

Thanks Angela:confused:

He could use an attorney.

If the DA has a half a brain he will call an officer with experience in such things and a decently experienced officer would be able to articulate why the pipe was NOT a marijuana pipe, why the residue inside the pipe is NOT marijuana, and wh\y one cannot effectively smoke marijuana in such a device.

So ... what have YOU done to address and punish your son for his apparent serious drug problem? You say this is no big deal?!?

- Carl

Let me clarify the pipe was used to smoke marajuana and had residue in it. From what I could gather from her she was trying to give us insight to a loophole. This case is in juvenile court and would be his first drug offense.

Angela

Get your son in rehab immediately.

That will help his case.

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Quoting Aang10

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Let me clarify the pipe was used to smoke marajuana and had residue in it. From what I could gather from her she was trying to give us insight to a loophole. This case is in juvenile court and would be his first drug offense.

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What? Is he nuts? With a glass pipe and no screen, he's likely to inhale the "cherry" along with the marijuana! :rolleyes: It's a great way to choke and burn your tongue and the inside of one's mouth.

So, even assuming he was dumb as opposed to using even harder drugs, my question remains: What are YOU doing about his apparent drug problem?

- Carl

The charge you describe does not appear to apply to a marijuana pipe. It is possible, though, to test the residue to find out what the pipe was actually used for - are you sure that they didn't charge your son with having an opium pipe because of what they found when they tested the residue?

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Quoting cdwjava

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What? Is he nuts? With a glass pipe and no screen, he's likely to inhale the "cherry" along with the marijuana! :rolleyes: It's a great way to choke and burn your tongue and the inside of one's mouth.

So, even assuming he was dumb as opposed to using even harder drugs, my question remains: What are YOU doing about his apparent drug problem?

- Carl

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Can we all agree that this is beyond the scope of the original question?

There's a vast difference between smoking marijuana and having a drug problem...outside of the obvious problem of smoking it with a glass pipe and no screen. based on what I've heard from other people who know about such things. :rolleyes:

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Quoting aaron

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The charge you describe does not appear to apply to a marijuana pipe. It is possible, though, to test the residue to find out what the pipe was actually used for - are you sure that they didn't charge your son with having an opium pipe because of what they found when they tested the residue?

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You are correct, it does not apply to a marijuana pipe. A marijuana pipe is not unlawful here as it is considered a tobacco pipe. However, if the holder is under 18 it is a misdemeanor offense for possessing a tobacco product!

Such a pipe (if I am picturing it correctly) is used almost exclusively for the smoking of methamphetamine, and, occasionally for other granular drugs (heroin or cocaine, for example).

http://the.honoluluadvertiser.com/da...9/il01a2_b.jpg

If he used this to smoke marijuana, he has some seriously inexperienced friends ... I would be afraid of what else they might be experimenting with.

- Carl

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Quoting Elmtree in Ohio

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Can we all agree that this is beyond the scope of the original question?

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No. The child's drug use is a precursor or a symptom to other issues. Hopefully, there is time to take the bull by the horns to keep the lad from spiraling downward.

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There's a vast difference between smoking marijuana and having a drug problem

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So ... you don't think there's a problem with a kid smoking marijuana? I would have a HUGE problem if it were my kid!

I don't know about where you are, but in the rest of the states, marijuana is a controlled and scheduled substance ... i.e. - it is a drug.

- Carl

It was not the pipe you pictured. It is what tobacco smokers refer to as a glass bubbler pipe.

My first and foremost concern is this false charge against my teenage son. He did admit to the officer that it was his pipe, and that he was smoking marajuana .He takes full responsibility for his actions. He told me that he had recently started experimenting with this drug. I have punished him and he will be subjected to bi-weekly drug tests and counseling as long as I deem necessary.