Marijuana Paraphernalia Possession in California

Hello, I am 17 years old, and I live in California (San Diego). Yesterday, me and a few friends were skateboarding in a parking lot, and someone called in a complaint. The cops came and immediately told us to sit on the ground. He started to look into my car using a flashlight. He said he smelt "bong" water (which was indeed emptied out by the car), and began to search through my car. He found 2 containers of marijuana (both way under 1 ounce), and a glass bubbler (with marijuana residue). He brought out One of the bags of marijuana and asked whose it was, my friend said it was his. Then both of us were arrested. He said both of us were being charged with misdemeanor possession of marijuana.

However upon questioning I told him both bags of marijuana were my friends, but the glass bubbler WAS mine. My court date is in one month, and I turn 18, 2 days after the court date. This is my first drug offense, however almost 4 years ago I was caught stealing, and completed my probation. What can I expect upon my court date? Is it likely that my license will be revoked for one year for a paraphernalia possession? I understand there is drug diversion programs, I need to drive for my job.:confused: Thanks for any information,

Ben

This is your first offense? In juvenile court?

This is my first drug related offense. I went to juvenile court almost 4 years ago for a stealing charge, however I completed all my court orders and everything.

I'm sorry - I was quite unclear. I had meant to ask if this was your first drug offense.

I would expect, after conviction, for you to be sentenced to probation, fines and costs, probably with some drug education, periodic drug testing, and possibly community service.

Specifically, what offense are you charged with? (Code section, please ...)

Very often, officers mistakenly charge H&S 11364 for possession of a marijuana pipe when the section does NOT apply to marijuana devices at all. Usually, a minor in possession of a marijuana pipe will be cited for PC 308(b) - possession of tobacco products, as the pipe is ostensibly paraphernalia for smoking tobacco.

So, what section have you been cited for?

- Carl

Carl,

Once I was released the Officer said I was being charged with Misdemeanor possession of marijuana. However the marijuana was NOT mine, it was my friends (However it was in MY car). My friend DID claim possession of the marijuana though. I told the officer that the glass piece was mine (It did have marijuana resin in it).

Also, After I was arrested the officer questioned me, and once I told him that the marijuana was not mine he seemed surprised. I'm expecting a letter in the mail regarding the actual charge against me. I will let you know as soon as I receive it. Do you believe I might have been inappropriately charged? Thank you for your useful information,

Ben

Also, I am pretty sure I am not charged with PC 308(b). The officer mentioned nothing of that matter.

Quote:

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Quoting benoblest

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Once I was released the Officer said I was being charged with Misdemeanor possession of marijuana. However the marijuana was NOT mine, it was my friends (However it was in MY car). My friend DID claim possession of the marijuana though. I told the officer that the glass piece was mine (It did have marijuana resin in it).

Also, After I was arrested the officer questioned me, and once I told him that the marijuana was not mine he seemed surprised. I'm expecting a letter in the mail regarding the actual charge against me. I will let you know as soon as I receive it. Do you believe I might have been inappropriately charged? Thank you for your useful information,

Ben

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If you were charged with possession of marijuana (H&S 11357(b)) based upon the marijuana found in YOUR car, then you WERE charged appropriately.

There is no charge for possession of marijuana paraphernalia in CA, and the only option to charge you with the pipe would be if they hit you with possession of under an ounce of marijuana (the aforementioned 11357(b)) due to a usable amount in the bowl, or the tobacco paraphernalia charge per PC 308(b).

Frankly, I prefer the tobacco charge because the juvenile has to do community service and attend a tobacco education class (at least they used to in San Diego) ... marijuana is just a fine that mom and dad can pay and it disappears off your record after two years unlike ANY other crime in this state.

Let us know the charge when you receive the notice.

- Carl

Thanks for clarifying that grey area. I'll let you know.

Ben

Carl,

The charge is 11357 b. I recently talked with two lawyers that both seemed to know the judge. One seemed almost certain that for all cases like this, the judge offers a 90 day drug diversion for first offense minors which consists of some drug classes and drug tests...even with my prior one time record of shoplifting (misdemeanor shoplifting age 14).

However another guy said that, that could happen, however due to my prior record, I could get my drivers license taken away, and I could be put on 12 months probation, and it would be harder to clear my record.

My court date is this Thursday, December 20th. I turn 18 December 22, Im assuming this is irrelevant.

My main question is, we cannot afford a lawyer for this, and i'm wondering what do you believe will most likely happen, and what can I do to look best. Ive maintained a high GPA throughout high school and I'll be bringing my transcript along.

Thank you for your time,