Is being caught with drug paraphernalia a felony or misdemeanor in California? 13 Answers as of April 20, 2011

Is being caught with drug paraphernalia a felony? Will having this charge be on my record for a while if I live in California?

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LynchLaw
LynchLaw | Michael Thomas Lynch
What you sound like you are describing is a violation of Health and Safety Code section 11364. The maximum sentence for a violation is 6 months in County Jail. As such, a violation would be considered a misdemeanor. A conviction of H&S code 11364 can be expunged as soon as your probation is completed.
Answer Applies to: California
Replied: 4/20/2011
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
Possession of drug paraphernalia pursuant to Health and Safety Code Section 11364 is a misdemeanor punishable by up to six months in county jail and a maximum $1,000 fine. A conviction for possession of drug paraphernalia will stay on your record forever, regardless of where you live. However, if convicted, you can have your conviction expunged pursuant to Penal Code Section 1203.4 after successful completion of probation. I hope this answer was helpful. Good luck.
Answer Applies to: California
Replied: 4/19/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Most times it a misdemeanor.
Answer Applies to: California
Replied: 12/20/2010
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
It is a misdemeanor under Health and Safety Code section 11364 (for what is commonly referred to as a "pipe"), and Business and Professions Code 4140 (for hypodermic needles).
Answer Applies to: California
Replied: 12/19/2010
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Possession of drug paraphernalia if it truly is such in that it has a specific definition under the law is a misdemeanor punishable by up to 6 months in jail. (Pen. Code section 11364 and Bus. and Prof. Code 4140) Like any crime it remains on your record but can be expunged after probation is over.
Answer Applies to: California
Replied: 12/19/2010
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Paraphernalia is just a misdemeanor in California. Try to get Diversion or 'Prop. 36', because a conviction on this charge (e.g., Health and Safety Code section 11364) would definitely stay with you. The only thing you could do after a conviction would be to wait until probation was over (or move to terminate it early), and then move to dismiss the case, but that is a limited form of relief and would pop up to haunt you in certain circumstances. Never plead to a charge without consulting a lawyer.
    Answer Applies to: California
    Replied: 12/18/2010
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    It is a misdemeanor. Any misdemeanor can be "expunged" or dismissed from your criminal record as soon as you complete probation, if any.
    Answer Applies to: California
    Replied: 12/17/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    It is a misdemeanor charge of 11364. If you are an adult it will always be on your record. You can do a couple of thing to show a dismissal on the record but the record never goes away.
    Answer Applies to: California
    Replied: 12/17/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    It can be charged as a felony, its up to the DA.
    Answer Applies to: California
    Replied: 12/17/2010
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    It is a misdemeanor under Health and Safety Code section 11364. Yes, criminal convictions stay on your record indefinitely unless you get the charges dismissed, you're found factually innocent or (to the extent it can help) get it expunged.
    Answer Applies to: California
    Replied: 12/17/2010
    Law Offices of Ryan P. Murphy
    Law Offices of Ryan P. Murphy | Ryan P. Murphy
    If this is a first offense, simple possession of drug paraphernalia is usually filed as a misdemeanor. Sometimes, the paraphernalia is checked for the substance within and felony charges are filed on whatever substance was in the particular item.

    If this is a multiple offense and/or you are on some type of probation or parole for anything else, this might be filed as a felony. Any conviction is going to be on your record for life.
    Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
    Answer Applies to: California
    Replied: 12/17/2010
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