What are the potential charges of possession of drug paraphernalia?

Besides the crime of possessing drugs itself, one of the most common possession charges is the possession of drug paraphernalia. Technically speaking, almost any object may be considered as drug paraphernalia but for all legal purposes, drug paraphernalia are only those items as mentioned or listed in the state’s law books. Generally it consists of things like bongs, roaches, crack pipes, roach clips, syringes, etc.

In all of the states in the country, there exist laws which illegalize drug use, sale, manufacturing, and even possession of drug paraphernalia. Even though the exact terminologies and specifics may vary slightly from state to state, the general application and perception of these laws are pretty much the same throughout the country and criminal defense lawyers know all about this. They have wasted a lot of time defending people that pose no threat to society.

The district commander for the Baltimore police department, in Season III of The Wire, sectioned off a part of his district and legalized drugs in that small zone. This has not happened in America though this is one way it could be done. Crime dropped and it reduced violence in that part of the city and increased the quality of life for residents living on the streets where drug trafficking was occurring. He was later demoted though and released, losing his pension. America is irrational in many ways and this is one of the ways.

The biggest drug dealers in America is Budweiser and Coors and the cigarette companies. Why are those legal and other drugs not?  

What is drug paraphernalia?

The definition of drug paraphernalia in the law books of most states specifies exactly what items and equipment is classified as drug paraphernalia. They have a list of items which usually includes items such as bongs, glass smoking pipes, spoons that are burnt at the bottom, water pipes, bongs, vials, hypodermic needles, plastic baggies, small weighing scales, etc.

Criminal defense attorneys know that possession of drug paraphernalia also gives officers a reasonable suspicion which allows them to search your car, bag, and your person if they discover that you are in possession of drug paraphernalia. You could also face a DUI charge if you are driving with drugs.

During trial, the prosecution may prove that you were in possession of drug paraphernalia by either proving that you had used the materials in question for doing drugs (or for packaging, weighing, etc.) or by proving that you intended to use it for such purposes.

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What are the consequences of a drug paraphernalia possession?

If convicted of possessing drug paraphernalia, it will in all probability go down as a misdemeanor offense. However, under certain circumstances in certain states, a drug paraphernalia possession maybe classified as a felony charge. Punishments for possession of paraphernalia are obviously not as severe as sentences for the manufacturing or selling of drug paraphernalia.

In most states, you will be handed a jail term of a maximum of one year. However, generally judges sentence convicts to around three months in jail for simple paraphernalia possession.

In cases where a person is convicted of manufacturing or distributing paraphernalia, he or she will be subjected to what is known as “time served”. According to criminal defense lawyers, the amount of time the person has already been in jail prior to conviction and post the arrest will be accounted for in the sentencing.

Paraphernalia possession can also attract legal fines. Fines for sale and distribution are much heftier. A typical first time possession offender maybe fined a maximum of $500 in most states but repeat offenders can find themselves fined as much as $1,000 which does not even come close to paying for all the time law enforcement spends on this endeavor.

Probation is yet another legal repercussion of drug paraphernalia possession. Probation periods given in drug paraphernalia cases are usually around 12 months long. Probation also comes with orders such as not committing any more crimes, maintaining employment, and so forth. 

If you or a loved one find yourself accused of or wrongly charged with possession of drug paraphernalia, it is crucial to seek help right away from a criminal defense lawyer. Your legal representative will work towards building a solid defense in order to protect your rights and to make sure charges are not stuck to you that do not need to be stuck to you.