A Guide to Drug Paraphernalia: Types, Laws, and Identification

The American drug paraphernalia laws can also apply to many items that have more legitimate uses than for illegal drugs. Drug paraphernalia can be anything from a pestle and mortar to a plastic baggie or a drinking straw. Usually when law enforcement charges a person with possession of drug paraphernalia, there will also be a felony charge for drugs, such as cocaine, meth, or heroin. Sometimes, a cop charges a person with drug paraphernalia without charging the person for drugs. This always raises a defense attorney’s eyebrows because technically it is not illegal to have many things that could be paraphernalia if there are no drugs attached. If there are no drugs in the area of these items, nor drug residue on the item, then it isnotan illegal substance.

They will then inhale the smoke through a rolled-up foil straw, dollar bill, or glass or metal straw. If you find wadded-up pieces of crack foil in the waste bin, it will usually have a burnt, resiny scent that’s hard to miss. Another method is to extract the inside of a ballpoint pen and snort the drug through the hollowed tube.

Knowing what to look for in a pipe’s description gives strong evidence to what controlled substance the user places in the pipe. These items all fall under the broad category of drug paraphernalia. Even harmless everyday household objects like spoons https://soberhome.net/ and lighters can meet the criteria of being drug paraphernalia if someone uses them to abuse illicit drugs. It may not come as a surprise to know that a person can face criminal charges for possessing illegal drugs or unauthorized prescription drugs.

Changing the way something is smoked does not alter the effects upon the body. If your teenager has empty baggies in their room or pockets, they are likely using them to transport drugs. Also commonly used is the corner of a baggie which can be concealed and discarded easily. If a judge allows you to complete a drug diversion program, you must usually plead guilty to the offense. However, rather than serving time in jail, you’ll have the opportunity to complete a substance abuse treatment program to get your life back on a healthy path.

drug paraphernalia

While rolling papers or glass or metal pipes often indicate that someone is smoking drugs, aluminum foil can also be evidence of drug use. In Florida, it is the amount of the drug that determines trafficking. Twenty-five pounds of marijuana is no longer possession with the intent to sell. Drug trafficking carries a minimum mandatory of three years of prison time.

However, depending on the circumstances surrounding the case, a maximum jail sentence of 20 days is possible. Context matters when seemingly common items are found, even when drugs are not present. Scales, pipes, and small baggies are all legal to purchase and possess. However, found together, or in an odd place like the trunk of a car hidden out of sight, those items are categorized as drug paraphernalia. Meanwhile, paraphernalia used to make or package drugs – such as chemicals, scales or baggies – usually results in a felony charge of possession with intent to sell. In California, possession of drug paraphernalia is a criminal misdemeanor potentially punishable by up to six months in county jail and fines totaling up to $1,000.

Many states have also enacted their own laws prohibiting drug paraphernalia. Whether or not the use of an item was intended to facilitate a drug crime is a major factor in whether that object is drug paraphernalia. The court can use direct or circumstantial evidence of this intent to make its determination. Additionally, if the owner or someone else in control of the item makes a statement that indicates they were going to use the item in a prohibited manner, this can also be evidence of intent.

California Penal Code 602: Trespassing Laws

The rolling papers could be for tobacco, which is legal if you’re of age. There are many ways to fight drug and/or marijuana paraphernalia charges. It helps to have a drug crime defense attorney review the circumstances of the case and explain your options.

Officer Friday might not be so shocked to see where the culture is today on the topic. The availability of drugs is prevalent among teenagers and older Americans. The mere presence of these items becomes key in the fight for preventing drug abuse. So knowing what to look for makes understanding the possibility of drug addiction extremely important. Conviction for H&S is a misdemeanor, carrying a maximum penalty of up to one year in county jail or a fine of $1,000. However, depending upon the circumstances, there are often defenses available to the charge.

• Possession of drug paraphernalia is different from possession of marijuana paraphernalia and is considered to be the more serious offense of the two.
• Law enforcement can do a roadside test, but these are not always reliable.
• These “celebrations” utilize the presence of glowsticks to add to the high that users’ experience at these club parties.

If a loved one has drug paraphernalia in their possession, talk to them about getting treatment and ask a doctor or mental health professional for further advice. If the owner or someone in control of the item in question has prior convictions for any state or federal drug law, it can be evidence that they were using the object as paraphernalia. On the extreme side, to ingest the content of a glowstick will more often then no result in death. So what is it about glowsticks that make them labelled as paraphernalia?

You can use a drug residue test kit readily available online or at many major drug stores to test for drug residue. Some people seem to get a thrill from seeing themselves snort drugs. A collection of safe drug use supplies commonly used to inject Heroin, Fentanyl, or other illicit Opioids.

Paraphernalia for injecting heroin includes hypodermic needles, cotton balls, bottle caps or spoons, candles or lighters, rubber tubing/shoelaces. Recognizing the signs of drug use and taking action is essential for getting your loved one the help and treatment that they need. Talk to a health professional or call an information helpline for more tips on how to help a loved one who might have a substance use problem. If someone is consistently using products like sunglasses, eye drops, perfume, and/or mouthwash, it’s possible they are trying to cover up drug use. If you notice someone using “cover-up” products frequently, along with displaying other behavioral signs, it may be more likely that they are engaging in drug use. People who use drugs or unsafe substances may use or adapt everyday household items for these purposes.

Proximity to Drugs or Drug Violations

To avoid a punishment more severe than appropriate or a conviction altogether, it’s essential to have a criminal defense attorney help you when facing any criminal charge, regardless of how minor it may seem. For another example, sandwich baggies are just sandwich baggies. They become drug paraphernalia if there is marijuana inside because you are holding and containing a controlled substance.

A conviction could impact where you get into college and student loans, grants, and scholarships. Employers might not give you a chance or overlook you for promotions. Being accused of committing a crime can be a scary proposition. Drug crimes, in particular, carry a stigma which can have long-term impacts on your employment and other areas of your life. What many people don’t realize is that you can be convicted of drug-related crimes without actually having any drugs in your possession. Another method to smoke crack is to use a “smokeless cigarette” which is paper covered tube that can be emptied and repacked with crack cocaine.

The cotton ball is dropped into the bowl of the spoon to strain the liquid and weed out any impurities that have not melted. The needle and syringe then extract the liquid through the cotton filter to inject. A mirror that has visible, straight scratch marks can be another warning sign of drug use.

This list identifies paraphernalia items that promote the ingestion, inhalation or injection of controlled substances. “Freebasing” requires the drug to be a solid so that it can be placed on a piece of foil, and heated from the underside of the foil. If your child is freebasing drugs, you will likely find small pieces of aluminum foil and multiple lighters in their room, vehicle or pockets. Being arrested for Possession of Drug Paraphernalia is a serious offense.

If the cops searched your belongings, home, or vehicle without the right to, your lawyer would ask the court to rule the evidence inadmissible. If there are any descriptive materials alongside the suspected drug paraphernalia that may explain the item’s use. Sometimes, instead of a crack pipe, smokers will use a soda can with small holes drilled in the bottom. The bottom of small glass liquor bottles can be removed, and the bottle neck can then be stuffed with chore to use as a makeshift crack pipe.

PC 602: Criminal Trespassing in California

It’s generally any item you could use to make, package, or take a controlled substance. A controlled substance includes drugs that are illegal for everyone and those which require a prescription written by a doctor. A lot of items considered to be drug paraphernalia, like rolling papers or lighters, you can buy at a gas station or store. Therefore, the must show you had the items for the purpose of using or selling drugs. Aluminum, or tin foil, is used for its ability to be heated to release fumes. In this way, the user does not need to have a pipe or other already mentioned forms of inhaling burning substances.

These devices utilize cartridges that contain the substances ingested. Although e-cigarettes utilize tobacco, they are not the only ingredient. The problem with e-cigarettes is that other additives are added to the cartridges and create a problem for toxicity. Like water pipes, e-cigarettes do not offer a clean method of smoking marijuana or tobacco. In fact, theresearchimplies that the risk level may be substantially higher because of the variables that exist within the cartridges.

Expert testimony may play a role in determining how these apply. A MAN who was seen slumped in a vehicle with drug paraphernalia allegedly tried to drive away when cops arrived. Even if your case goes well, you may have months of records ranging from arrest to prosecution. Then, call us if you are being charged with a drug offense to start protecting yourself today. Expert testimony regarding the use of the suspected drug paraphernalia.

Drug Paraphernalia Examples

Hypodermic needles, for instance, are often possessed and used for legitimate medical needs. Also, law enforcement frequently finds what they suspect is paraphernalia during a search of either the person or their car. These searches can easily be done incorrectly and in violation of constitutional safeguards. When this happens, the paraphernalia may be excluded from evidence and the charge cannot be proved. Users of crack cocaine and crystal meth commonly use small glass tubes and steel wool to smoke their drugs. You may have noticed miniaturized fake roses in pencil-sized glass tubes sold at convenient stores.

Some of the most common forms of drug paraphernalia include miniature spoons, glass pipes, bongs, and roach clips. Possession of drug paraphernalia refers to having equipment that is used to produce, conceal, or administer illicit drugs. Many states have laws that specify the equipment that qualifies as paraphernalia, but it may include items eco sober house cost such as bongs, glass pipes, syringes, and miniature spoons. California Health & Safety Code Section makes it illegal to possess a pipe, instrument or other paraphernalia used for unlawfully ingesting a controlled substance. This includes inhaling, smoking, injecting or any other means of introducing a controlled substance into the body.