Is a paraphernalia charge the same as a drug charge?
Is a paraphernalia charge the same as a drug charge?
Possession of drug paraphernalia is different from possession of marijuana paraphernalia and is considered to be the more serious offense of the two. They are separate charges and carry completely different penalties. Even though no actual drugs were involved, it’s a drug-related crime.
What type of charge is paraphernalia?
misdemeanor
Under California Health and Safety Code section 11364, a paraphernalia charge is a misdemeanor, and the sentencing and penalties for possession of drug paraphernalia consist of up to one year in county jail, and a maximum fine of $1,000.
Why is paraphernalia illegal?
Simple possession of paraphernalia is not a federal crime. However, under some state laws merely owning or having these items is illegal. Police may check for drug residue, and if it’s clear that a pipe, bong, hookah or other item was used for smoking illegal substances, a person may face drug paraphernalia charges.
Is selling drug paraphernalia illegal?
It is a criminal offence to supply, or offer to supply an object for providing or preparing a controlled drug.
Can a paraphernalia charge be dropped?
One of the most common ways to dismiss drug paraphernalia charges from a record is to prove that probable cause didn’t exist. If a police officer pulled you over without stop or seizure of your person. The drug charge, in all probability, will be dismissed.
Is a lighter drug paraphernalia?
Small mirrors and other glass products (such as Pyrex test tubes and “glass crack pipes”), lighters, rolled up currency, razor blades, aluminum/tin foil, credit cards, and spoons have all been used to prosecute people under paraphernalia laws, whether or not they contain residue of illegal drugs.
How do you get a possession charge dismissed?
If the prosecutor cannot prove the defendant knowingly and intentionally possessed the drugs through the use of witness statements, audio/video recordings, physical evidence, and crime lab analysis, then the drug possession charge should get dismissed or the defendant found not guilty at trial.
Is having a syringe illegal?
There is no federal law prohibiting the possession of syringes. It is all state law. If someone has a prescription for an injectable drug (ID), such as insulin, or for the syringe itself, it is not illegal.
How do you beat drug paraphernalia charge?
What is unlawful paraphernalia?
Simply put, this law makes it illegal for a person to have in his or her possession any pipe, device, contrivance, instrument, or paraphernalia that is intended for use to smoke, ingest, or inject a controlled substance. …
Can I get charged for having drug paraphernalia?
Drug paraphernalia possession is considered a misdemeanor in some states but can be charged as a felony depending on the situation, which is punishable by a 20-year jail term.
What counts as drug paraphernalia?
” Drug paraphernalia ” is a term, to denote any equipment, product or accessory that is intended or modified for making, using, or concealing drugs, typically for recreational purposes. Drugs such as marijuana, cocaine, heroin, and methamphetamine are related to a wide range of paraphernalia . Paraphernalia generally falls into two categories
What is criminally using drug paraphernalia?
Criminally Using Drug Paraphernalia in the Second Degree is one of those criminal offenses. Criminally Using Drug Paraphernalia in the Second Degree is a charge that may be brought when a person knowingly has in his or her possession or sells various items typically associated with the packaging and distribution of controlled substances.
What are the penalties for possession of drug paraphernalia?
– First offense – Probation with up to one year in jail or prison from four months up to two years under ARS § 13-702 – Second felony conviction – Probation with up to one year in jail or prison from nine months up to 2.75 years under ARS § 13-703 – Third felony conviction – Prison from 2.25 up to 5.75 years under ARS § 13-703