Not all drug charges involve the actual possession of drugs. Some drug cases are based on a person having drug paraphernalia in their possession. These cases usually aren't as serious as drug possession or drug trafficking charges, but they still must be handled appropriately.
The circumstances in which the drug paraphernalia is found can have an impact on the case. Many types of drug paraphernalia are named as drug paraphernalia in all cases. This includes items like cocaine freebase kits and bongs. Others are actually common items that are being used for drugs.
Some of the common items that might be considered drug paraphernalia include digital scales, small baggies, razor blades, steel wool pads and small spoons. All of these items can be used in the manufacture, distribution or use of drugs. This isn't to say that they are illegal in all circumstances; however, they are illegal in some circumstances.
If the drug paraphernalia includes common items like those, where they are found can impact how they are construed. For example, a digital scale that is found near a diet cookbook in the kitchen might not be considered drug paraphernalia. If that digital scale if found on the living room table next to small baggies and razor blades, it would generally be considered drug paraphernalia.
If you are facing criminal charges for drug paraphernalia, you should be prepared to fight the charges. The defense strategy you use depends on the circumstances of the case. Figuring out what you can touch on in your defense is the first step in building your defense.
Source: National Drug Intelligence Center, "Drug Paraphernalia Fast Facts," accessed June 09, 2017