[2], The examples and perspective in this article, Learn how and when to remove these template messages, Learn how and when to remove this template message. Possession of drug paraphernalia is a Class A misdemeanor in Kentucky, punishable by up to a year in jail and a $500 fine. We all have paraphernalia scattered about our homes; a pair of sneakers could be considered basketball paraphernalia or a spatula could be considered cooking paraphernalia. Many states have also enacted their own laws prohibiting 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. As previously mentioned, drug paraphernalia can be problematic because some items are not immediately illegal without additional evidence of a drug crime.. For instance, an innocent kitchen scale can be turned into a helpful tool for a drug dealer. Reading Time: 4 minutes According to federal laws, it is illegal for teens to possess marijuana paraphernalia. Yes, drug paraphernalia are illegal. Simply possessing such an item is enough for a drug paraphernalia charge. In the 1982 case Hoffman Estates v. The Flipside, Hoffman Estates, Inc., the US Supreme Court found a municipal ordinance requiring licensing for paraphernalia sales to have sufficiently distinguished marketing for illegal use to be constitutional. Marijuana Paraphernalia. Possession of drug paraphernalia is a Class A misdemeanor in Kentucky, punishable by up to a year in jail and a $500 fine. Further, any item used to inhale, smoke, inject, or otherwise introduce drugs to the body are considered drug paraphernalia. Drug Paraphernalia. A drug paraphernalia charge can range from a misdemeanor to a felony, depending on the circumstances surrounding the charge. Pub. In determining whether a spoon is just a spoon, or drug paraphernalia, a court considers all logically relevant factors, including: Along with drug possession charges, possession of drug paraphernalia charges are one of the more commonly charged crimes in any jurisdiction. Pub. As you can see, there is a huge world of things that can legally count as the crime of drug paraphernalia. As previously mentioned, drug paraphernalia can be problematic because some items are not immediately illegal without additional evidence of a drug crime.. For instance, an innocent kitchen scale can be turned into a helpful tool for a drug dealer. Drug paraphernalia is any type of equipment or device for use of illegal drugs. (f) of this section. Items such as digital scales, vials, and small zipper storage bags that can be used to sell crack, heroin, or marijuana fall into this category. As used in this section, the term “ drug paraphernalia ” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, … In addition, drug paraphernalia is deemed to be contraband, which shall be subject to civil forfeiture (See … For more information on Drug Paraphernalia In Florida, a free initial consultation is your next best step. Any instrument or item used in close connection with illegal drugs can be considered paraphernalia. Any instrument or item used in close connection with illegal drugs can be considered paraphernalia. Typically used or recreational purposes, possessing drug paraphernalia can have serious consequences if an individual is convicted. Get the information and legal answers you are seeking by calling (888) 983-6919 today. With the growth of the Internet, drug paraphernalia sellers have greatly expanded their sales to a worldwide market. Police may check for drug residue, and if it's clear that a pipe, bong, hookah or other item was used for smoking illegal substances, a person may face drug paraphernalia charges. According to the National Drug Intelligence Center, a component of the US Department of Justice, “The term drug paraphernalia refers to any equipment that is used to produce, conceal, and consume illicit drugs.” Moreover, marijuana paraphernalia is an … Simply possessing such an item is enough for a drug paraphernalia charge. Disposable syringes are also used for legal drugs, … Moreover, marijuana paraphernalia is an … Pub. "Drug paraphernalia" is a term, to denote any equipment, product or accessory that is intended or modified for making, using, or concealing drugs, typically for recreational purposes. Also, it is so expansive. 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. Some stores sell items for growing hydroponic marijuana, such as guidebooks, fertilizer, and fluorescent grow-lights. A critical part of understanding teen drug use is awareness about drug paraphernalia—the items kids use to hide or consume drugs. Subsecs. However, possession of drug paraphernalia alone is not particularly common, though it can happen. Get your questions answered - call me for your free * phone consultation (888) 983-6919 § 21a-240(20) is very expansive. Pub. Marijuana paraphernalia is the most common drug-related item found by law enforcement. But the definition focuses less on the nature of any specific object and more on the use or intended use of the object. Health & Safety Code 11364(a) HS is the California statute that makes it illegal to possess drug paraphernalia.This is defined as any device, instrument or paraphernalia used for unlawfully injecting or smoking a controlled substance. In the US, enterprising individuals would sell items openly in the street, until anti-paraphernalia laws in the 1980s eventually ended the practice. (a) Definition of “ drug paraphernalia ”. Dealer-specific products are used by the drug sellers or traffickers for preparing drugs for distribution. 1990—Subsec. L. 101–647, § 2401(b), redesignated subsec. Almost anything can be considered drug paraphernalia, but items such as bongs, roach clips, glass pipes, or syringes are commonly associated with the crime. User-specific products include glass hashish pipes, crack cocaine pipes, smoking masks, hashish bongs, cocaine freebase kits, syringes, roach clips for holding the burning end of a marijuana joint. "Drug paraphernalia" is a term, to denote any equipment, product or accessory that is intended or modified for making, using, or concealing drugs, typically for recreational purposes. Examples of Drug Paraphernalia It is considered a class A misdemeanor for all controlled substances except amphetamine and methamphetamine, in which case it is classified as a class D felony. any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for use with tobacco products, including any pipe, paper, or accessory. 18-18-428 CRS is the Colorado statute that makes it a class 2 petty offense to have possession of items that you know or reasonably should know can be used as illegal drug paraphernalia.The penalty for a conviction is a fine of up to $100.. Drug paraphernalia includes (but is not limited to): Hypodermic needles or syringes, Meth pipes, Items commonly considered drug paraphernalia include: Crack or methamphetamine pipes; Opium pipes; Spoons or foil with drug residue According to the Federal Drug Paraphernalia Statute, 21 USC 863, which is part of the Controlled Substances Act, in the US it is illegal to sell, transport through the mail, transport across state lines, import, or export drug paraphernalia as defined. Possession of drug paraphernalia is a serious charge because it is considered a drug related offense and therefore treated as such. [1], The American drug paraphernalia laws can also apply to many items that have more legitimate uses than for illegal drugs. L. 101–647, § 2401(b), was based on Pub. Government crackdowns have resulted in the arrest of sellers of recreational drug paraphernalia, such as actor Tommy Chong, who spent time in prison in 2003 for having his name used on bongs for sale via the internet. (d) “Drug paraphernalia” defined The term “ drug paraphernalia ” means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of … 3207–51; Pub. What is Drug Paraphernalia? Possession of drug paraphernalia is a first-degree misdemeanor in Florida, which is punishable by up to 12 months in jail and a fine of up to $1,000. Federal Statutes defines paraphernalia as “any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.” Moreover, the shared use of the syringes, needles, and other drug paraphernalia have resulted in a wave of HIV and hepatitis C infections across the United States, as evidenced by the 2015 HIV outbreak in Indiana which was attributed almost entirely to illegal OxyContin (oxycodone) use. Simple possession of paraphernalia is not a federal crime. Drugs such as marijuana, cocaine, heroin, and methamphetamine are related to a wide range of paraphernalia. "Drug paraphernalia" is a term, to denote any equipment, product or accessory that is intended or modified for making, using, or concealing drugs, typically for recreational purposes. Drug paraphernalia charges are either a class A misdemeanor or a class D felony depending on what substance they were/are being used for. (b). As used in this section, the term “ drug paraphernalia ” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, … For example, zip-lock bags are not considered paraphernalia on their own, but if they are used to hold any type of illegal drug, they fall under the paraphernalia category in that particular case. To put it simply, Any drug paraphernalia involved in any violation of subsection (a) of this section shall be subject to seizure and forfeiture upon the conviction of a person for such violation. to use the mails or any other facility of interstate commerce to transport. L. 101–647, § 2401(c)(2), made technical amendment to reference to “This section” to correct reference to corresponding provision of original act. (c) to (e) of section 857 of this title as subsecs. (b) of this section. In determining whether a spoon is just a spoon, or drug paraphernalia, a court considers all logically relevant factors, including: However, if you’re charged with possession of drug paraphernalia, you can actually face stiffer penalties than if you’re cited for other controlled substances. Syringe. 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. However, before diving into what these circumstances are, it is important to understand what is considered “drug paraphernalia” under the statute. The law gives specific guidance on determining what constitutes drug paraphernalia. (f). Drug paraphernalia definition An equipment, product, or material is considered as drug paraphernalia when they are used for planting, cultivating, harvesting, packaging, storing, ingesting, injecting, and inhaling drugs among others. Many also ban customers for referencing use of illegal drugs when buying items. However, under some state laws merely owning or having these items is illegal. Drug paraphernalia pertains to all types of drugs from marijuana, to cocaine to heroin. Drug paraphernalia in the form of straws or paper tubes is a quick fix for drug users. A drinking straw is considerably too long, so the individual will simply cut it down to size. Defined simply, paraphernalia is an item or piece of equipment needed for a particular activity. The text of section 857(b) to (f) of this title, which was transferred to subsecs. What is Considered Drug Paraphernalia? The definition of drug paraphernalia, as prescribed in Conn. Gen. Stat. Typically used or recreational purposes, possessing drug paraphernalia can have serious consequences if an individual is convicted. L. 99–570, title I, § 1822(b)–(f), Oct. 27, 1986, 100 Stat. According to the Drug Enforcement Administration (DEA), drug paraphernalia includes: 1 Rolling papers and cigars. For many years, Possession of Drug Paraphernalia (PDP) has been a Class 1 Misdemeanor in North Carolina. metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; roach clips: meaning objects used to hold burning material, such as a. miniature spoons with level capacities of one-tenth cubic centimeter or less; instructions, oral or written, provided with the item concerning its use; descriptive materials accompanying the item which explain or depict its use; national and local advertising concerning its use; the manner in which the item is displayed for sale; direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise; the existence and scope of legitimate uses of the item in the community; and.