There are many drug possession offenses, and possession of drug paraphernalia are one of the most common charged crimes in a jurisdiction. Items such as bongs, roach clips or glass pipes are usually associated with the offense. All states have laws that criminalize the use, sale, and possession of drug paraphernalia. Some other items are also prohibited such as opium pipes, vials, water pipes, hypodermic needles or tiny spoons. Paraphernalia also includes items for manufacturing, weighing, growing or packaging illegal drugs such as plastic baggies or scales. If you have been arrested due to this offense, don’t even think about it and call now Angel Bail Bonds for professional assessment in your particular case.
There are several factors to considerate when you are arrested for paraphernalia offenses
- Design, use or intent: Many of the items designed for drug paraphernalia purposes and some other have non-related drug purposes. Some items are not used for drug purposes, but it can often be used as drug paraphernalia.
- Circumstances: When the court decides if an object is drug paraphernalia, they will often look at the different elements involved in your case. An example could be a person’s items containing drug residues, making a statement about the objects utilized in paraphernalia.
- Actual constructive possession: Constructive possession occurs when you have control over an item.
- Simple possession: Drug paraphernalia offenses are differentiated between possession and distribution crimes
Here are some other items considered as drug paraphernalia
- Plant growing lights
- Cigarette’s lighter
- Another type of legal household items
What are the penalties for paraphernalia charges?
Possession of drug paraphernalia is usually charged as a misdemeanor offense, but felony charges are possible in some states
Jail time: Drug paraphernalia laws allow for up to a year in prison, but there are also sentences that last 90 days.
Fines: For these cases, the court often imposes a prison sentence, especially for first-time offenders. A fine for a first time offender can be a hundred dollars, while repeat offenders might face higher fines for $10, 000 or more.
Probation: When the court sentences you to probation it is required to comply with several orders for numbers or months. Probation orders include not committing more crimes, paying all required fines, maintaining employment, and randomly performing for to drug testing.
Non-prescription drugs such as marijuana, cocaine, and heroine are illegal under the federal law. As stated before, drug paraphernalia is divided into two groups, those used to distribute drugs and some other used for consuming drugs.Drug paraphernalia is cataloged as possession of any materials, or tools used for ingesting or inhaling. Fortunately, a qualified criminal defense attorney will help you with the process of drug paraphernalia charges. Also, if you don’t have the exact amount of money for bailing you or a loved one out of jail, a reliable bail bond agent will be a great option to solve your situation by only charging you the 10% of the full amount. This video will help you out to understand way better all that involves drug paraphernalia charges.