Paraphernalia
Paraphernalia under HS 11364 refers to the various items used to illegally smoke, inject or in any other way consume narcotic drugs or controlled substances. Under this code, drug paraphernalia includes, but is not limited to miniature cocaine spoons and pipes. However, until 2021, this list excludes syringes and hypodermic needs where both of these statements are true:
- The items are exclusively for personal use
- You obtained them from a syringe or needle exchange program, pharmacist, physician or other sources that are legally authorized to provide antiseptic needles or syringes without a prescription.
Additionally, HS 11364 does not cover items associated with the sale or manufacture of drugs. Such things include:
- Balances and scales used to weigh and measure drugs
- Spoons, bowls, blenders, and other mixing tools used to mix controlled substances
- Balloons, capsules, and other holders used to package or conceal drugs
Possession of items associated with the illegal sale or manufacture of controlled substances is a crime under Section 11351 HS, the state’s law on drug possession for sale. It is also punishable under Section 11352 HS, the law against transportation and sale of controlled substances.