Intent matters when you face drug paraphernalia charges

All drug charges aren't associated with heavy fines and lengthy prison sentences, but this doesn't mean that you shouldn't take them all seriously. Drug paraphernalia charges are some that are considered minor when you compare them to other drug charges. This is still a drug charge, though, that can have a big impact on your criminal history and your life.

Drug paraphernalia charges can be levied against you even when you don't have drugs on you. Instead, if you have items that are commonly associated with drugs, you can face this charge. This includes items that are used to package, manufacture, sell or use drugs.

Some items that are considered drug paraphernalia have completely legal uses. Digital gram scales and stainless steel scouring pads are items that can be used in the kitchen, but they can also be used to use or distribute drugs.

In cases that involve items that can be both legal or used as drug paraphernalia, the intent of the person who has the items matters. If the stainless steel wool pad is found with other items that are used to smoke crack, the stainless steel wool pad could be considered drug paraphernalia. If the scale is found with small baggies, it could be considered drug paraphernalia.

If you are facing drug paraphernalia charges, you should find out exactly why the law enforcement officers thought the items were being used for drugs. You should also look into whether the manner in which they found and seized the items was legal. Each of these points could be used in a defense against these charges.

Source: FindLaw, "Drug Paraphernalia Charges," accessed Jan. 27, 2017

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