11364 So it isnt a Marijuana law?

California
I was comming home from tahoe last night when my boyfriend and i were stopped for faliure to use a turn out. Long story short he smell pot searched the car found only my pipe and gave me a ticket. I am 17 and though the pipe i had was for mary-jane i have read on this site that the number he wrote down must not be right he wrote down 11364. My mom said that i might get my license taken away with this ticket PLEASE help!

If you are 17 and had a pipe used for smoking marijuana (which is legally a tobacco pipe) he should have cited you for a violation of Penal Code section 308(b) - possession of tobacco paraphernalia. He cited you for a section that is commonly misused in CA, but is NOT for possession of a marijuana pipe. Health and Safety Code section 11364 is NOT to be used for marijuana paraphernalia.

The reason it is commonly misused as the section requires a lot of reading to dig down and find the specific drug categories the section IS used for.

You are darn lucky. Unless they amend the citation, you can probably challenge this and win. But, since it is a misdemeanor, you will need an attorney to do it. However, they MIGHT amend it to PC 308(b) in which case it will be tougher to beat.

- Carl