Possession of drug paraphernalia includes the possession of either the actual supplies used to ingest, inject, smoke or use drugs as well as the tools used to cultivate, grow, store, analyze, process or manufacture any type of drug or controlled substance. In some states this definition is enhanced to include items such as household scales or even rolling papers, but only if actual drugs or controlled substances are also found. Transporting drug paraphernalia to sell or provide to someone else can be categorized under this same misdemeanor offense.
Common Types of Drug Paraphernalia
Marijuana - Rolling papers, clips, pipes, bongs, vaporizers, 2 liter soda bottles, smoking masks
Cocaine - mirrors, razar blades, and scales
Other - "whip it", hose or tube, duct tape, crackers, minuature spoons, capsules
Possession of Drug Paraphernalia Penalties
Possession of drug paraphernalia charges will typically include a combination of penalties that include both education as well as punishment for the crime. Depending on the state the fines can range to up to $500 or more on a first offense as well as up to 1 year in jail if there is already one other drug related misdemeanor on the record.
Possible Penalties
- Fines
- Probation and monitoring
- Drug awareness classes
- Random drug testing
- Community service
- Jail time
Possession Of Drug Paraphernalia Sentencing
Most judges will take into consideration exactly what paraphernalia was found and the amount of and type of drugs that were also found at the scene. In some instances an attorney may be able to get the case thrown out if incorrect search and seizure occurred or if the prosecutor is unable to establish that drugs were present. Since almost anything including cigarette lighters, pipes, some types of grow lights and equipment could all be considered paraphernalia, it is important to retain an attorney as soon as possible.
Can A Lawyer Help With Possession Of Drug Paraphernalia?
Potentially this is a very easy charge for the prosecutor to prove if you don't have an attorney working on your behalf. Finding a professional criminal defense attorney that knows the law as well as how to negotiate on your behalf can lead to decreased or dropped charges as well as a avoiding jail time. In some situations suspended sentences or community service can be agreed upon before going to court, alleviating a lot of stress and worry.
- If you have been charged with Possession of Drug Paraphernalia, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
