Results 1 to 7 of 7
  1. #1

    Default Drug Paraphernalia

    I was ticketed the other day by UCPD for smoking pot. I didn't posess any on me though since my friend had it so the only violation that appears on my ticket states 11364.7(a) HS - Drug paraphernalia. The comments section states: sodacan glass bowl/marijuana res.
    I'm currently a freshman at UC Berkeley and this has been the first time I've gotten in trouble with the law. I was wondering what my options are and what the likely outcome of ordeal will be. I'm extremely concerned about having a misdemeanor on my criminal record and have worked very hard in school to get to where I am today. Is it likely that a judge may allow me to complete a diversion program and erase the charges on completion?

  2. #2
    Join Date
    Mar 2009
    Location
    Jacksonville
    Posts
    18

    Default Re: Drug Paraphernalia

    The Diversion Program is likely. the judge will recognize you are in school and that this is your first offense. I know in Florida, the diversion program is given out quite often on first time drug and alcohol offenses like this. If such programs exist in your area, then I would bet on it.

    bailbonds124

  3. #3
    Join Date
    Mar 2009
    Posts
    7

    Default Re: Drug Paraphernalia

    Quote Quoting zxcvasdfqwer
    View Post
    I was ticketed the other day by UCPD for smoking pot. I didn't posess any on me though since my friend had it so the only violation that appears on my ticket states 11364.7(a) HS - Drug paraphernalia. The comments section states: sodacan glass bowl/marijuana res.
    I'm currently a freshman at UC Berkeley and this has been the first time I've gotten in trouble with the law. I was wondering what my options are and what the likely outcome of ordeal will be. I'm extremely concerned about having a misdemeanor on my criminal record and have worked very hard in school to get to where I am today. Is it likely that a judge may allow me to complete a diversion program and erase the charges on completion?
    I would not admit in court it is my paraphermalia, but that's me.

  4. #4

    Default Re: Drug Paraphernalia

    I know that drug diversion programs exist in Alameda County, which Berkeley is a part of. I'm wondering however if it was proper for the police to ticket me for just possession of drug paraphernalia without also charging me with possession of marijuana. Does anyone know anything about this?

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Drug Paraphernalia

    Quote Quoting zxcvasdfqwer
    View Post
    I was ticketed the other day by UCPD for smoking pot. I didn't posess any on me though since my friend had it so the only violation that appears on my ticket states 11364.7(a) HS - Drug paraphernalia. The comments section states: sodacan glass bowl/marijuana res.
    Methinks someone goofed when they charged you with this section for possession of a marijuana pipe (which is not per se unlawful as it is generally considered to be a tobacco pipe).

    The section you were cited for requires your possession to be with the intent to transfer it to someone else for the use of ingesting drugs, not to ingest it yourself.
    11364.7. (a) Except as authorized by law, any person who delivers,furnishes, or transfers, possesses with intent to deliver, furnish,
    or transfer, or manufactures with the intent to deliver, furnish, or
    transfer, drug paraphernalia, knowing, or under circumstances where
    one reasonably should know, that it will be used to plant, propagate,
    cultivate, grow, harvest, compound, convert, produce, process,
    prepare, test, analyze, pack, repack, store, contain, conceal,
    inject, ingest, inhale, or otherwise introduce into the human body a
    controlled substance, except as provided in subdivision (b), in
    violation of this division, is guilty of a misdemeanor.
    The section is used for transferring pipes and needles and the ilk, not marijuana pipes. It's a novel approach, but I think they will have a hard time proving the elements of this offense.

    I'm wondering however if it was proper for the police to ticket me for just possession of drug paraphernalia without also charging me with possession of marijuana. Does anyone know anything about this?
    Yep, it was fine. And you wanna know why they might have done it? Well, I'll tell ya a couple of reasons ... (1) It could be that the "residue" in the pipe is not enough to constitute a "usable amount" in order to pursue a charge for marijuana possession. And, (2), a simple marijuana possession charge is purged from the system in two years by law - a paraphernalia charge can remain forever. So, unless we have to, we often do not bother charging the marijuana possession ... heck, a traffic violation tends to have a heftier fine and stay on your record longer than a marijuana ticket!

    Consult local counsel.


    - Carl

  6. #6

    Default Re: Drug Paraphernalia

    For clarification:

    So you believe that even though my friend and I admitted to the police that we had been smoking pot, it'll still be difficult for them to prove 11364.7. (a) since they can't show that I was going to transfer it. Is that correct?
    And do you believe that I have enough of a case to seek counsel from a criminal defense attorney?

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Drug Paraphernalia

    Quote Quoting zxcvasdfqwer
    View Post
    For clarification:

    So you believe that even though my friend and I admitted to the police that we had been smoking pot, it'll still be difficult for them to prove 11364.7. (a) since they can't show that I was going to transfer it. Is that correct?
    And do you believe that I have enough of a case to seek counsel from a criminal defense attorney?
    You should ALWAYS seek the advice of counsel when facing criminal charges.

    But, the section you were cited for is usually used for people who are selling or giving away meth pipes, needles, paraphernalia to grow or package dope, etc. Unless the state can show that you were giving the pipe to another for the purpose of using it to smoke dope, they will probably lose.

    However, if you were passing the pipe between you and your friend, and they have your admission to that fact (or they observed it), they just might make the case. In your original post you mentioned "I" ... now you mention, "we". So, if you had passed the pipe to your pal, you just might be guilty of the offense. It is actually a very innovative offense to charge. I'm impressed. And, I can understand why the officer charged it now.

    - Carl

    1. Sponsored Links
       

Similar Threads

  1. Paraphernalia: Drug Paraphernalia
    By Ohnoes in forum Criminal Charges
    Replies: 1
    Last Post: 02-27-2010, 05:43 PM
  2. Paraphernalia: Drug Paraphernalia
    By cobyblaine04 in forum Criminal Charges
    Replies: 8
    Last Post: 12-01-2009, 08:14 AM
  3. Paraphernalia: Drug Paraphernalia
    By flgazzalgf in forum Criminal Charges
    Replies: 1
    Last Post: 09-01-2008, 07:05 PM
  4. Drug Possession: Drug Possession And Drug Paraphernalia In Connecticut
    By coquito in forum Criminal Charges
    Replies: 2
    Last Post: 03-29-2008, 09:25 AM
  5. Paraphernalia: Drug Paraphernalia At OSU
    By coolhand in forum Criminal Charges
    Replies: 8
    Last Post: 03-18-2008, 02:31 PM
 
 
Sponsored Links

Legal Help, Information and Resources