Using illegal narcotics, as well as permissible ones without a prescription, is an absolute crime. What may be less obvious is that possession of items that society associates with drugs can also result in federal charges.
Simply because an officer discovers someone is holding a particular object does not mean there is a violation of the law. Those facing accusations need to understand the specifics of this topic.
What does the law consider to be drug paraphernalia?
Anything that facilitates the use or distribution of drugs falls under the paraphernalia classification. Such items include plastic baggies, rolling papers, spoons and needles.
All of these things are usable in noncriminal contexts. One might be holding a spoon in anticipation of enjoying a snack. An individual could be carrying a razor blade to match when purchasing more razors. The presence of narcotics residue on such items naturally complicates these arguments.
What are the types of charges for drug paraphernalia?
Two kinds of charges relating to drug paraphernalia exist. The first is possession. It alleges that the person is taking, intends to use or is manufacturing illegal drugs.
The second type of charge focuses on the intent to deliver. The presence of paraphernalia, such as scales, may leave the impression of the owner being a dealer. Officers might not appreciate why digital pocket scales are so handy.
There are many reasons why a law-abiding citizen could be holding items that addicts favor. Defending against allegations that drugs are the reason for their presence requires experience and nuance.