What is the penalty for possession of drug paraphernalia?

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Question:

What is the penalty for possession of drug paraphernalia?

Answer:

If you’re charged with possession of drug paraphernalia, the possible penalties will vary depending on where you live and what type of possession of paraphernalia is involved, as well as other details like your past criminal record. In most cases, drug paraphernalia charges can result in penalties ranging from fines of a few hundred dollars, all the way up through a year in jail as well as a fine. Knowing what to expect is a matter of knowing the laws in your state, since some states vary significantly on how they handle these cases.

Drug paraphernalia is considered any devices used for the production, packaging, distribution, sale, or use of controlled substances. In some cases, paraphernalia can be a regular household item, but if it is seen in a drug-related environment or context, it may be considered paraphernalia. In some cases, the items may be tested for drug residue in order to confirm their use as being drug-related. 

Examples of paraphernalia include, but are not limited to:

  • Pipes and bongs
  • Spoons
  • Cigarette paper
  • Roach clips
  • Tube-shaped glass
  • Plastic baggies
  • Scales
  • Razor blades
  • Empty capsules

Most charges of drug paraphernalia possession are misdemeanors of varying severity. They count as drug offenses on your background record. Penalties cover a wide range, but generally do not exceed fines of $1,000 and a year of jail time.

To get help dealing with a drug paraphernalia charge, you should strongly consider speaking with a lawyer. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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