Under 11364 HS, it is considered unlawful to possess any paraphernalia that's sole purpose is delivering a controlled substance into the human body. Drug paraphernalia is described as any type of equipment or material that is modified to make, use, or hide unlawful controlled substances.It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking. Can I be charged with possession if I did not know the item was considered illegal drug paraphernalia? Section 4573.8 - Unlawful possession of drugs or paraphernalia. Can't Afford to Pay Fine: Traffic and Other Infractions. UD-100, Complaint-Unlawful Detainer. Possession of drug paraphernalia is a misdemeanor in California. If you're convicted, you face a possible jail sentence of up to six months in county jail. Writ of Possession of Real Property, Local.