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Constitutes Drug Paraphernalia

by | Jun 27, 2017 | Criminal Defense, Drug Crimes

What Constitutes Drug Paraphernalia?

When we hear the words drug paraphernalia, we may typically think of a crack pipe or a hypodermic needed like we see addicts use on television. But that is not the only thing that is considered drug paraphernalia. Our drug crimes law firm knows the law defines drug paraphernalia as any type of equipment (commercial or homemade) that is used for planting, growing, and producing drugs. It also lists items and equipment used for packaging, processing, analyzing, or testing of materials, such as drugs or products used to create drugs. Further, any item used to inhale, smoke, inject, or otherwise introduce drugs to the body are considered drug paraphernalia.

As you can see, there is a huge world of things that can legally count as the crime of drug paraphernalia.

Commonly Used Drug Paraphernalia

Here is a list of some commonly used items that are known as drug paraphernalia. This list is not close to being everything that could be considered. Frankly, drug users are very inventive when it comes to finding and hiding equipment used for the ingestion of drugs.

  • Pipes (with or without screens) made of metal, wooden, acrylic, glass, stone, plastic, or ceramic
  • Water pipes
  • Carburetion tubes and devices
  • Carburetion masks
  • Smoking masks
  • Objects used to hold burning material, like marijuana cigarettes that have become too short to be held with the fingers (also known as roach clips)
  • Miniature spoons
  • Bongs or water pipes
  • Chamber and carburetor pipes
  • Electric or air-driven pipes
  • Chillums
  • Ice pipes (chillers)
  • Cigarette papers (especially wired)
  • Freebase kits used for cocaine

Other Items That Could Be Considered Paraphernalia:

  • Scales & balances
  • Diluents
    • Caffeine
    • Dextrose
    • Lactose
    • Plus, many other chemicals
  • Mixing devices
    • Blenders
    • Mixing bowls
    • Containers
    • Spoons
    • Mixing containers
  • Capsules
  • Balloons
  • Envelopes
  • Containers used for storage or concealing product

Note: There are many more items that are or can be considered drug paraphernalia. We cannot list them all. If you are accused of this crime, please consult a drug crimes attorney.

What Are The Penalties For Possession of Paraphernalia?

Possession of drug paraphernalia is a first-degree misdemeanor. If convicted, the penalties could include up to 1-year in jail (or 12 months’ probation). In addition to jail time, you could be fined up to $1,000.00.

Do I Need a Criminal Defense Attorney?

As you can see, almost anything can be considered drug paraphernalia in the right circumstance. Finding yourself accused of such a crime is difficult at best. There is little you can do on your own, which is why you will need a drug crimes attorney.

An attorney will look at the details of discovery very carefully. They will challenge the way the equipment was located, and how the police judged them to be drug paraphernalia. If the police did not follow absolute correct procedures, there is a chance that your Fourth Amendment rights were violated. The consequences of this kind of conviction are more than a little disturbing and it could affect more than your checkbook.

Your best chance of getting the charges reduced or dismissed is to hire an experienced drug crimes lawyer.