As someone who doesn’t do drugs, the fact that you’ve been charged with a paraphernalia charge may be shocking. Drug paraphernalia includes may common items such as syringes, needles, small spoons and others. There are some exceptions, and there are ways to defend yourself if you’re facing baseless charges.
What kinds of items are potentially considered drug paraphernalia when they may not be?
Something like a hookah, for example, may be used to smoke marijuana. Now, marijuana is legal in some states but not all. If you’re caught with a hookah used to smoke marijuana going between state lines including a state that does not recognize legal marijuana usage, you could face paraphernalia charges. If it’s clear the hookah has not been used or is used for other purposes, like smoking tobacco, then it’s possible to have the charges dismissed.
How can something as simple as a spoon be considered drug paraphernalia?
What’s difficult about drug paraphernalia charges is that any items that could be used in connection with illegal drugs can be considered to be drug paraphernalia. There are two general types of paraphernalia: items used to take drugs and those used to transport or distribute them. Scales and spoons, for instance, may be helpful for those trying to sell drugs, even though they also have more innocent purposes in the home.
If you’re accused of carrying drug paraphernalia, you can fight the charges. It’s possible to prove you did not have drugs in your possession and that the items you have were not intended for drug use.
Source: FindLaw, “Drug Paraphernalia Charges,” accessed March 02, 2017