Possession of Drug Paraphernalia is typically classified as possession of any materials, or tools used for inhaling, ingesting, or otherwise metabolizing drugs into the human body. It also includes the possession of all implements, or equipment designed for use, in growing, manufacturing, processing, storing, or concealing drugs.
It’s usually a matter of user, or dealer paraphernalia. Here are some common drug paraphernalia items:
- Marijuana – scales, baggies, pipes, bowls, bongs, dugouts, rolling papers, roach clips, grinders, jars, and vaporizers, or cooking and processing materials to make BHO (wax/dabs)
- Cocaine & Heroine – crack pipes, straws, dollar bills, razor blades, mirrors, spoons, needles, syringes, tubes or hoses
- Other – pill presses, capsules, crackers, whip-its, aerosol spray cans; paint, glue and other chemicals; as well as, light bulbs, aluminum cans, plastic bottles, and other make-shift devices
What happens if I’m charged with Possession of Drug Paraphernalia?
Fortunately, a lawyer can help you with a possession of drug paraphernalia charge. The penalties usually amount to a combination of drug education program(s) and/or fines of no more than a few hundred dollars. Depending on the severity of the case and whether you hire proper representation or not, it is possible to face probation with community service, random drug testing, loss of driver’s license, or even jail.
The specific penalties can vary quite a bit from state to state, since all state statutes treat these charges differently.
So many normal items are considered drug paraphernalia, like cigarette lighters, plant grow lights, and other perfectly legitimate and otherwise legal household items like cough medicine. However, drug paraphernalia includes many over-the-counter medicines and easily attainable chemicals used in the extremely dangerous process of making drugs like MDMA (colloquially known as ecstasy), PCP, and meth.
Legal Defense of Paraphernalia Charges
There are a few ways an attorney can defend a possession of drug paraphernalia charge. One of which is establishing what exactly occurred during the search and seizure process, if it proper procedures were followed, and what exactly was found.
Sometimes a defense boils down to avoiding the worst consequences for the defendant in a plea deal. If the worst outcome for a particular defendant is a mandatory drug treatment, or loss of driver’s license, a lawyer may negotiate to avoid those consequences.
If you have been charged with possession of drugs or drug paraphernalia, contact us for a free legal defense consultation with a local attorney.