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Possession of Drug Paraphernalia
Drug paraphernalia may be chic or trendy in I.V. but its possession can be a crime in violation of the Santa Barbara County Code section 13A-3  (prohibiting marijuana pipes and bongs) of California's Health and Safety code section 11364 (prohibiting all other devices). Those who are charged under these statutes may desire to hire an experienced trial lawyer to defend them in their case. Understanding the adversarial nature of the process as well as avoiding the pitfalls of the criminal justice system are vital even where you believe your are innocent (including claims that your conduct falls under the "Medical Marijuana" law). To discuss your case in a free and confidential initial consultation contact us today.

S.B. County Code Sec. 13A-3. Possession of drug paraphernalia.


It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body controlled substance in violation of the Controlled Substances Act. Any person who violates this section is guilty of an infraction, and upon conviction is punishable by (1) a fine not exceeding fifty dollars for a first violation; (2) a fine not exceeding one hundred dollars for a second violation of this section within one year; (3) a fine not exceeding two hundred fifty dollars for each additional violation of this section within one year. (Ord. No. 3194, ?1)

Health and Safety Code section 11364. Possession of Drug Paraphernalia. 

(a) It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully
injecting or smoking (1) a controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of
Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, specified in subdivision (b) or (c)
of Section 11055, or specified in paragraph (2) of subdivision (d) of Section 11055, or (2) a controlled substance which is a narcotic
drug classified in Schedule III, IV, or V.
(b) This section shall not apply to hypodermic needles or syringes that have been containerized for safe disposal in a container that meets state and federal standards for disposal of sharps waste. 
(c) Pursuant to authorization by a county, with respect to all of the territory within the county, or a city, with respect to the
territory within in the city, for the period commencing January 1, 2005, and ending December 31,  2010, subdivision (a) shall not apply to the possession solely for personal use of 10 or fewer hypodermic needles or syringes if acquired from an authorized source.

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