Legal Question in Criminal Law in California

Re: Possession of Paraphernalia in CA

I am confused by your question. California Penal Code Section 308 deals with tobacco and smoking paraphernalia and minors. 308 (a) language states "that knowingly or under circumstances in which it has knowledge, or should otherwise have grounds for knowledge." Essentially this means the person selling or providing tobacco or smoking paraphernalia to minors knew or should have known or they could have easily determine by asking for an id that the individuals were under 18 and they provided it anyway.

308 (b) applies to the minor who purchases or receives the tobacco or smoking paraphernalia product. If they received it they should have reason to know they actually received it. If your question refers to someone placing the tobacco or paraphernalia on another person who did not know they were in possession of the product and when searched it was discovered and the person in possession did not admit it was their item the court might consider that. However, if your question is referring to knowingly possessing something that was illegal to possess that will not fly under any argument. This is called a general intent crime and the perpetrator does not need to have the specific intent to break law or to be acting in a manner inconsistent with the law. They simply need the intent to carry the item or possess it even if they did not know it was illegal.

You may want to ask your question and explain some of the facts surrounding the incident so someone can give you a more specific answer. Good Luck