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

[Aang10]

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

Regarding this statement , if we can prove it was a tobacco pipe, will the case be dismissed? Can I ask them to test the residue?

Angela

[aaron]

Are you sure no testing has been done? Does your son have a lawyer yet?

[Aang10]

The substance has not been tested and the officers report even states that the boys were under the influence of marajuana but since no marajuana was found in their possesion that he could not charge them with possesion.

Do I need a lawyer? His worst case sentencing will be $270 fine , drug and alcohol class, and suspension of his drivers license for one year.

The protem is the one who convinced us to fight this.

Angela

[aaron]

It's up to you and your son, whether or not to fight it.

[cdwjava]

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

So ... something crafted and purchased commercially as opposed to heated and formed from a test tube?

My first and foremost concern is this false charge against my teenage son.

Well, it would not seem to be a "false" charge, it would seem to be an inappropriate charge. If this is a glass pipe sold as a tobacco product, then the appropriate violation would be PC 308(b).

308(b) Every person under the age of 18 years who purchases,
receives, or possesses any tobacco, cigarette, or cigarette papers,
or any other preparation of tobacco, or any other instrument or
paraphernalia that is designed for the smoking of tobacco, products
prepared from tobacco, or any controlled substance shall, upon
conviction, be punished by a fine of seventy-five dollars ($75) or 30
hours of community service work.

If the DA catches it they will amend the complaint before court. If not, then the H&S 11364 is very likely inappropriate and would result in the matter being dropped.

And I certainly hope that you are monitoring your son closely and restricting his freedoms for a while. Too frequently parents ignore this and they become repeat customers for the cops ... otherwise referred to - sadly - as "job security."

Good luck.

- Carl

[Aang10]

Thank you so much Carl ! This is precisely what I needed to know.

Have a wonderful day,
Angela

*My son has a huge disadvantage because his father and I are only 18 years older than him and it was not so long ago that we don't remember everything we put our parents through.

[Aang10]

Carl,
I am pleased to report that my son has had "clean" drug tests for the past 10 weeks and he is finished with his drug and alcohol class which he voluntarily attended and best of all ,the case of 11364 was dismissed.

The judge and the 18 year police officer were absolutely stunned by our argument that the charges were inappropriate . It took 35 minutes of searching the Health and safety code for the judge to determine that marijuana is not listed as one of the drugs that can be smoked out of a crack pipe.(Hs 11364)
We were very pleased when she announced that our argument had merit and that the charges would be dismissed. I just want to thank you again for your help and concern regarding his drug problem. He is going away to college in the fall so I guess I will have to cut the umbilical cord soon.
Thank You, Angela in CA

[cdwjava]

The judge and the 18 year police officer were absolutely stunned by our argument that the charges were inappropriate . It took 35 minutes of searching the Health and safety code for the judge to determine that marijuana is not listed as one of the drugs that can be smoked out of a crack pipe.(Hs 11364)

It is a VERY popular misconception among police officers, and even many attorneys and judges, that 11364 also applies to marijuana. It is a section that requires you to refer back to at least two other sections to find the specific substances that are included in the prohibition ... marijuana is not one of them.

I am glad to hear that he is staying clean, and I only hope that the pressures at college will not cause him to falter from sobriety.

- Carl