Whitefang has given his beliefs on this question before, and has yet to provide a single case that excludes a lighter from Penal Code section 308. While I anticipate a published opinion toward this in the future, the unpublished decisions have found it unlawful. A minor in possession of a blue lighter was in possession of tobacco paraphernalia. (In re ALEX R., 5th Dist., September 6, 2007, F051342.) A minor in possession of a cigarette lighter was in violation of Pen. Code, § 308, subd. (b). (In re EDUARDO G., 5th Dist., September 15, 2006, F049655.)
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