What you should know if you're facing drug paraphernalia charges
Drug charges are serious matters, but some people think that drug paraphernalia charges aren't as serious. To face drug paraphernalia charges, people don't have to be caught with illegal drugs in their possession.
Under the law, drug paraphernalia is anything that is used to make, manufacture, sell, distribute or use drugs. Some things considered drug paraphernalia are common household items that might have other uses. This is when the context of the items comes into the picture.
For example, a digital scale can be used to weigh foods in the kitchen, and a straight razor is often used to cut hair. However, if law enforcement officers find that scale and a razor blade on the living room table, they might assume that you are using them to cut and weigh drugs to sell.
Some items are always classified as paraphernalia under federal law. These include:
- Kits to freebase cocaine
- Chillums, bongs and water pipes
- Certain glass, ceramic, wood, plastic or stone pipes
- Spoons that hold less than 1/10 of a cubic centimeter
- Roach clips
There are many defense options that you might use if you are charged with possession of drug paraphernalia. One of these is that the 'paraphernalia' in question was just household items that weren't used in connection with producing or selling illegal drugs. This might not be possible if the items were tested for drugs and came back positive. If that's the case, you may be able to claim that the items in question didn't belong to you. Other defense options might also be present. It's essential to seek experienced legal guidance if you're facing such charges.