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Return to CALJIC Part 14-17 – Contents

F 16.040 n1  Possession of Paraphernalia:  Agreement Or Contract To Purchase:  Not Possession  (HS 11364).

[See FORECITE F 12.00a.]


F 16.040 n2  Possession of Paraphernalia:  Under The Influence Not Sufficient (HS 11364).

[See FORECITE F 12.00b.]


F 16.040 n3  Possession of Paraphernalia:  Intoxication Or Mental Impairment As Defense To Knowledge Element  (HS 11364).

[See FORECITE F 12.00 n1.]


F 16.040 n4  Possession of Paraphernalia: Juror Unanimity (HS 11364).

[See FORECITE F 12.00 n2.]


F 16.040 n5  Possession of Paraphernalia:  Duty to Define “Right To Control (HS 11364).

[See FORECITE F 1.24 n5.]


F 16.040 n6  Possession of Paraphernalia:  Marijuana Smoking Devices Not Illegal.

In 1975, Legislature deliberately decriminalized the possession of a device for smoking marijuana. (Health and Safety Code section 11364.) In re Johnny O. (2003) 107 CA4th 888 held that HS 11054(d)(20), which included tetrahydrocannabinols within the definition of a controlled substance, included only synthetic substances, not natural marijuana, and that, therefore, it was not unlawful to possess a device for smoking natural marijuana.

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