Being charged with drug paraphernalia possession
On behalf of J. Kippa Law, LLC | February 8, 2018
Wisconsin residents who are found to be in possession of drug paraphernalia may be charged with a crime. This may be true even if that person is not in possession of any controlled substances. It is illegal in the United States to make an offer to buy or sell such items or transfer them through the mail. An individual may be charged with using paraphernalia to either distribute drugs or to ingest them.
However, an individual can only be charged if items were found in a proper context. For instance, simply having a spoon or a scale in itself isn’t a crime. Instead, there must be some belief that it was being used in the commission of a crime. State and federal law may specifically ban certain items such as miniature spoons as they may be more likely to be used to snort cocaine.
Other items that are generally banned include bongs, glass pipes and roach clips. Plastic bags and balloons may also be illegal if they are used to store a controlled substance. Those who are convicted on a federal drug paraphernalia charge may face a prison sentence of three years and a fine. However, penalties may differ for those who are facing drug paraphernalia charges at the state level.
Individuals who are charged with possession of drug paraphernalia may face a variety of penalties. These may include jail or prison time in addition to a fine. An attorney may be able to help create a defense against such a charge. For instance, it may be possible to assert that an individual did not intend to use a spoon or scale to distribute or ingest a controlled substance. This may help an individual obtain a favorable outcome.