View Single Post
Old 08-01-2011, 05:14 PM
socal729's Avatar
socal729 socal729 is offline
Registered User

Join Date: Dec 2008
Location: Somewhere out there
Posts: 607
Thanks: 1,007
Thanked 283 Times in 144 Posts
Default Drug residue in a syringe is not sufficient evidence

Originally Posted by South Bay View Post
Anyone is allowed to obtain up to ten syringes if purchased in one of the CA counties or cities allowing pharmacies to participate in the Disease Prevention Demonstration Project (; with a defense to unlawful possession under B&P Code section 4140 being retention of the sales receipt for the syringes (or other proof they were lawfully acquired).

The irony here is that although a parolee may lawfully possess the syringes under state law, such legal possession may not be enough to prevent a violation of parole for presumptive use of illegal drugs as evidenced by possession of the syringes.
South Bay Scott
Drug residue in a syringe is not sufficient evidence to prove
drug possession.
Police should be aware that pursuant to a CA
Supreme Court ruling, an individual shall not be convicted of possession of a controlled substance based solely on drug residue in a used syringe.
(Syringe possession information for California Law Enforcement Officials)

A common question concerns drug residue in a used syringe—can an individual be arrested for a drug in a used syringe? Although police may make such an arrest, an individual cannot be convicted in California unless they possess a “usable amount” of a controlled substance.
The State Supreme Court decided this in the early 1970s, and therefore most police should be aware that a used syringe is not evidence of drug possession.
(California Dept of Public Health)
Reply With Quote