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Can you face charges for drug paraphernalia over a spoon?

You were heading to a friend's house when an officer pulled you over. Your taillight was out, so he had stopped you to let you know. Everything was going well, and you were pleased that you weren't getting a ticket.

Suddenly, the officer motioned to a small spoon you have on your passenger seat next to a bag of sugar. You're not sure what he wants, but it looks suspicious, and he asks to search your vehicle. Until the bag of unmarked white powder can be tested, you're under arrest for drug crimes. Additionally, you face paraphernalia charges for having a tiny spoon.

Even though possessing drug paraphernalia itself does not mean you've been using drugs, the truth is that having drug paraphernalia is enough to leave you charged with a crime. Drug paraphernalia charges can be a result of trying to sell or offer drug paraphernalia to another party, importing or exporting paraphernalia or mailing it through interstate commerce.

Just possessing prohibited items is enough to land you in trouble with the law. Fortunately, it's possible to show if you intended to sell or use the items for drug-related purposes. If not, then you may be able to reduce or eliminate the charges against you.

There are some ordinary household items that may be considered to be drug paraphernalia, like your tiny spoon, which is why you must fight back against charges immediately. It is not fair to face charges for carrying small measuring spoons and scales intended for wholesome purposes just because someone else believes that they are drug paraphernalia.

Source: FindLaw, "Drug Paraphernalia Charges," accessed July 04, 2017

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