State drug laws are relatively strict. There are dozens of substances that are illegal to consume, distribute, manufacture or even possess. The law also prohibits the possession and distribution of drug paraphernalia.
A variety of different tools might be drug paraphernalia in the eyes of state prosecutors and law enforcement professionals. Items used to manufacture or cultivate drugs are paraphernalia. So are tools used to package and distribute drugs. Items that help people weigh, store or consume drugs are also paraphernalia. Police officers may identify objects ranging from postage scales and sandwich bags to syringes and even items used to dilute drugs as paraphernalia.
How can the presence of drug paraphernalia impact pending charges?
Defendants may face more than one charge
Prosecutors often try to bring the most serious charges they can against defendants. In fact, they frequently pursue multiple charges after a single incident. If police officers find paraphernalia on an individual at the same time that they discover drugs, prosecutors can bring both drug and paraphernalia possession charges.
Possessing any kind of drug paraphernalia can lead to separate Class C misdemeanor charges. The courts can impose a fine of up to $500. The state can even prosecute people for paraphernalia alone if police officers do not find any drugs. That being said, any residue from consuming drugs on drug consumption tools might justify possession charges in addition to paraphernalia charges.
Prosecutors might increase the charges
Sometimes, individuals expecting to face basic drug possession charges receive a shock during their questioning by police officers or arraignment proceedings in criminal court. The state may choose to pursue felony possession with intent charges.
While many possession offenses are felonies, they carry lower penalties and less social stigma than drug trafficking or distribution charges. If the state alleges that an individual intended to distribute drugs because of the paraphernalia found in their possession, the consequences can be far more serious than the aftermath of a simple possession offense.
Responding appropriately to pending charges can make a major difference for those accused of drug possession and paraphernalia offenses. Defendants who understand how the state handles unique circumstances can use that information while developing a defense strategy.