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What Counts as Drug Paraphernalia?

W. Scott Hanken, Attorney at Law Team

When you think about drug crimes, usage or selling of outlawed substances usually comes to mind first.

However, drug paraphernalia is also illegal to possess across the nation.

Items and their usage

Paraphernalia is often defined as an object used for drugs. Some examples include bongs, pipes made of clay, spoons used for the ingestion of cocaine, kits, or other items made of wood or glass. In addition, roach clips that you roll joints with are also taken into account.

There is an expanded list in some states that details even more items that you should not possess. If you use a scale for measuring certain substances, or even common household items in the production or use of illegal substances, you also violate state law. Needles count towards paraphernalia if you used them to inject illegal drugs instead of lawful ones.

Possession and intent

Paraphernalia not only includes the items you use, but also the actions taken with them. You are now allowed to transport or offer to sell these items to others. Although possession in and of itself is not a federal crime, the items may get checked by law officials for any leftover remains of past drugs.

If there is reasonable proof to believe you used the equipment in question, you may have charges pressed against you for drug crimes. This could happen even if you do not currently possess the illegal substance found in trace amounts on the item. The law does differentiate between common items used for improper reasons, such as spoons, and those that are illegal in all circumstances, such as cocaine kits.

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