The crime of possession of drug paraphernalia is rarely seen charged alone; normally it is charged in conjunction with another drug offense, i.e., possession of cannabis, cocaine, methamphetamine, etc. Attorney Adam L. Bantner, II can fight the paraphernalia charge and any other charges to try to keep your record conviction free. If you are in Hillsborough or surrounding Tampa Bay area counties, give us a call at 813.416.7965 for your free case evaluation today!
Possession of drug paraphernalia can generally be fought on two fronts: (1) a challenge to the search that led to the discovery of the paraphernalia, and (2) whether the item is indeed paraphernalia.
With regards to the search, people have a right to be free from unreasonable searches and seizures under the 4th Amendment to the U.S. Constitution. If your rights were violated, we will get the evidence thrown out (which likely leads to a dismissal of the charge).
Second, sometimes there a question whether the item is paraphernalia. I’ve seen cigars charged as paraphernalia because law enforcement believed that they would be hollowed out and filled with cannabis. Other times, the item is clearly paraphernalia, i.e., a crack pipe with residue all over it. Regardless, we explore every possible course of action in defending your paraphernalia charge.
(1) USE OR POSSESSION OF DRUG PARAPHERNALIA.—It is unlawful for any person to use, or to possess with intent to use drug paraphernalia:
(a) To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter; or
(b) To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.
Possession of drug paraphernalia is a first-degree misdemeanor punishable by up to 1 year in county jail and/or 1 year of probation.