OR MANUFACTURING) JONES, MARCELLUS DEMONT 5227 HICKORY Additionally, syringes, spoons, measuring scales, razor blades, and other arguably common items can be considered paraphernalia as well, depending on the context. Firms, Expungement Handbook - Procedures and Law. A person in possession of drug paraphernalia can face a fine of up to $750 and 6 months of imprisonment. They may also order drug paraphernalia online. POSSESSION OF DRUG PARAPHERNALIA POSSESSION OF METH (SELL, DEL. However, under some state laws merely owning or having these items is illegal. WebIC 35-48-4-8.3 Possession of paraphernalia Sec. Possession, delivery or manufacture of drug paraphernalia prohibited; exceptions. 2011;8(12):24-28. Ecstasy is a prohibited item, and therefore illegal to possess under any circumstances. Drug Enforcement Administration (DEA). In addition, there are also some states that ban all drug paraphernalia products. To save this word, you'll need to log in. The actual holding or occupying of somethingwithorwithoutrightsof ownership, Pipes made of stone, plastic, glass, ceramic, or wood, Miniature spoons used for snorting or cooking controlled substances, Needles and syringes used for injecting controlled substances, Scales or balances used to weigh controlled substances, Chemicals used to dilute pure product for sale, Plastic bags used for packaging controlled substances for sale, Equipment used to manufacture or test the quality of controlled substances. Only paraphernalia that has been used with a narcotic or a controlled substance is considered illegal. Web(2) Unless authorized under this title, a person may not use or possess with intent to use drug paraphernalia to: (i) plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled dangerous substance; or (a) It is unlawful for any person knowingly or intentionally to use or to possess drug paraphernalia. You can also be convicted if the prosecution can show constructive possession or control. Change in appearance (wearing dirty or wrinkled clothes), Change of friends (usually, friends that are also doing drugs), Dripping nostrils (linked with cocaine use), Needle tracks on the inside of their arm (linked with heroin use), Receiving poor grades and/or skipping school (for kids and teens), Stealing things (potentially to sell for drug money). Regardless, of whether a person is charged with a misdemeanor or felony offense, both can result in serious legal consequences and they both will appear as part of a persons criminal record. The severity of the penalty generally depends on the amount of marijuana found in the individuals possession, his criminal history, and whether he engaged in the sale, distribution, or manufacture of the drug. Accessed 1 Mar. Estate Possession of Paraphernalia. You're all set! An experienced criminal defense attorney can research which laws apply to your case, whether there are any defenses available for you to use, how serious the penalties might be, and if there is anything further you can do to reduce those penalties. Finding these items in a loved ones bedroom, bag, or car may be a red flag. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Methamphetamine and drug paraphernalia were found at the residence. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. However, if a lighter is found on a person who is also carrying illegal drugs on them, then it offers further proof that the person is committing or has committed a drug crime. A drug-related conviction can become part of your permanent criminal record and negatively affect multiple areas of your life. Sell or offer to sell drug paraphernalia, Mail drug paraphernalia or transport it through interstate commerce, or. WebAlong with drug possession charges, possession of drug paraphernalia charges are one of the more commonly charged crimes in any jurisdiction. You might even speak to their doctor to be sure. RsSLu/y=tveE
-3CKwzs @zu"C! First, the state must show the item is drug paraphernalia. 1300-1350 MiddleEnglish