• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Poss of Paraphanelia

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

norman101

Junior Member
Hello, the crime was commited in California, but it was also in a Federal park, and I know it's under the federal law, as I have to go to federal court.

Me and my friends went on a backpacking trip, as we were leaving the park we got pulled over, immediatly taken out of the car and padded down. The cop found a >oz of mj on my friend, and then proceeded to search the car. In the car he found 1 glass pipe in the passangers side door, and another glass pipe under the drivers seat. The cop wrote up all of us for poss. of para, and poss of mj for my other friend.

The friend with the poss. of mj went to court and pleaded guilty to the pot, and got the poss of par dropped.

There now stands two glass pipes to convict for...I was the driver, and I'm 18.

This is my first offense in anything related to law, and I'm just curious of what I can expect.
 
Last edited:


cepe10

Member
Hello, the crime was commited in California, but it was also in a Federal park, and I know it's under the federal law, as I have to go to federal court.

Me and my friends went on a backpacking trip, as we were leaving the park we got pulled over, immediatly taken out of the car and padded down. The cop found a >oz of mj on my friend, and then proceeded to search the car. In the car he found 1 glass pipe in the passangers side door, and another glass pipe under the drivers seat. The cop wrote up all of us for poss. of para, and poss of mj for my other friend.

The friend with the poss. of mj went to court and pleaded guilty to the pot, and got the poss of par dropped.

There now stands two glass pipes to convict for...I was the driver, and I'm 18.

This is my first offense in anything related to law, and I'm just curious of what I can expect.
Do you have the charging statute for the crime? since pipes can be used for legal substances such as tobacco - they would have to have an analysis done.

Also, was consent given for the search?
 

cepe10

Member
(c) In determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use. (2) Instructions, oral or written, provided with the object concerning its use for ingesting, inhaling, or otherwise introducing a controlled substance into the human body. (3) Descriptive materials accompanying the object which explain or depict its use. (4) National and local advertising concerning its use. (5) The manner in which the object is displayed for sale. (6) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products. (7) Expert testimony concerning its use.

Unless the glass pipes say "marijuana use only" you a free to say it was for tobacco use or a novelty.:)
 

cepe10

Member
SEE:
In re Johnny O., 107 Cal.App.4th 888, 132 Cal.Rptr.2d 471 (Cal.App. Dist.4 04/08/2003)

In passing, the People suggest that, even if possession of a bong is not illegal under section 11364, it is illegal under section 11014.5. That section, like section 11364.5, defines "drug paraphernalia" so as to include a bong. (§ 11014.5, subd. (a)(8)(J).) Neither section 11014.5 nor any other statute, however, prohibits the mere possession of drug paraphernalia. (See § 11364.7, subd. (a) [prohibiting possession of "drug paraphernalia" with intent to deliver, furnish, or transfer].)

[57] We therefore conclude that the possession of a device for smoking marijuana, without more, is not a crime in California.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top