January 29, 2015
Drug paraphernalia is a broad term used to describe any equipment, product or material that is primarily intended for introducing an illegal controlled substance into the human body. Typically used or recreational purposes, possessing drug paraphernalia can have serious consequences if an individual is convicted.
What is Considered Drug Paraphernalia?
Many items can be considered drug paraphernalia, including the following:
- Pipes made from materials such as metal, wood, acrylic, glass, stone or plastic
- Water pipes
- Chamber pipes
- Electric pipes
- Air-driven pipes
- Smoking and carburetion masks
- Bongs
- Chillums
- Roach clips or any other object that is meant to hold burning material like a marijuana cigarette
- Cocaine freebase kits
Determining What Is Drug Paraphernalia
Determining what is and what is not drug paraphernalia depends on the specific situation. For example, a wooden pipe may not be considered drug paraphernalia if it is used solely for tobacco. Ultimately, if there was ever a legal situation at hand where drug paraphernalia was in question, a law enforcement officer will consider logically relevant factors as well as the following:
- If any instructions, whether oral or written, were provided at the time of the materials use.
- If there are any descriptive materials alongside the suspected drug paraphernalia that may explain the item’s use.
- The scope of the use of the material within the community.
- Expert testimony regarding the use of the suspected drug paraphernalia.
What are the Consequences?
Possession of drug paraphernalia is typically charged as a misdemeanor offense. While the consequences will vary depending on the specifics of the crime, an individual may face time in jail or prison. Additionally, individuals can expect to pay fines ranging from a few hundred dollars to over $1000 if the individual is a repeat offender. Post jail and fines, an individual will likely be placed on probation or in a diversion program to prevent further offenses.
When to Call an Attorney
If you or a loved one is facing a charge for possession of drug paraphernalia, it is important to contact an attorney right away. Although a misdemeanor offense may not seem like a big deal, a conviction can have long-lasting consequences for the future. The legal team at the Khonsari Law Group can guide you through the legal process and may be able to get your charges dropped or lessened. To learn more about the Khonsari Law Group and how we can help defend your rights, contact us today or visit our office for a free consultation.