Many different charges related to drugs can come out of a criminal investigation. One of the charges possible can occur without any drugs actually being present. This is a drug paraphernalia charge, which can come based only on the objects that are in your possession.
A drug paraphernalia charge isn’t one that should be considered any less serious than other drug cases. These charges are still a mark on your criminal record that can have a negative impact on your life. With this in mind, you need to make sure that you are fighting the charge. This starts with understanding what the charge means.
One point that you need to keep in mind is that a paraphernalia charge can stem from items that are used in purposes that don’t have anything to do with drugs. The circumstances that surround the items determine how they are viewed from a legal perspective.
Some items, such as steel wool pads, have other uses but they are commonly used for drugs. This would mean that if you have a steel wool pad on your kitchen sink, you likely wouldn’t be charged with paraphernalia charges but if one was in the console of your vehicle, it might be found to be a drug-related item.
Other items, such as bongs and roach clips, are considered paraphernalia items on a federal level. This could mean that you face charges based on what they are instead of how they are being used when found. It is crucial that the prosecutor shows the intended use of the items if you are facing this charge, so you might be able to call this into question as part of your defense.
Source: FindLaw, “Drug Paraphernalia Charges,” accessed Feb. 23, 2018
