Possession Of Drug Paraphernalia

Under Pennsylvania law,”Drug Paraphernalia” can be almost anything used to ingest or store illegal drugs.If you have been charged with possession of drug Paraphernalia,contact Rehmeyer & Allatt for a free consultation

Contact An Experienced State College Criminal Defense Lawyer Regarding Your Drug Paraphernalia Charges

Pennsylvania law prohibits the use of, or possession with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance. 35 Pa. Stat. Ann. § 780-113(a)(32)

While the Pennsylvania Controlled Substances, Drug, Device and Cosmetic Act goes to great lengths to define drug paraphernalia and provides an exhaustive list of prohibited uses, in the typical situation the use or intended use of the items is fairly obvious. Usually, a charge for possession of drug paraphernalia stems from the possession of items used for transporting, snorting, smoking or injecting drugs.

What Is Considered Drug Paraphernalia in Pennsylvania?

Under Pennsylvania law, drug paraphernalia can include a wide range of items that are intended to be used with controlled substances. Depending on the circumstances, this may include pipes, bongs, syringes, rolling papers, scales, containers, bags, or other items allegedly used to manufacture, package, store, conceal, inject, inhale, or ingest drugs. The law does not require an item to be specifically designed for illegal drug use; instead, the circumstances surrounding the item and its intended use can be important in determining whether it qualifies as drug paraphernalia.

A Pennsylvania drug paraphernalia charge can arise even when an item itself is otherwise legal to possess. For example, a household container, small plastic bag, or other ordinary object may be alleged to constitute drug paraphernalia based on how police believe it was being used or intended to be used. The circumstances of the stop or search, the presence of controlled substances, statements made to police, and other evidence may all affect whether prosecutors can establish the required intent.

If you have been charged with possession of drug paraphernalia in Pennsylvania, it is important to understand that the charge is based on more than simply possessing an item that could potentially be used with drugs. An experienced Pennsylvania criminal defense attorney can review the circumstances of the search, the evidence supporting the charge, and whether police and prosecutors can establish the required elements under Pennsylvania law.

Even The Bags Count

What many people are often surprised to find, however, is that the bags used to contain a controlled substance — i.e., the baggie that contained an eighth-ounce of marijuana — is considered drug paraphernalia and can be charged and sentenced separately. See Com. v. Pitner, 928 A.2d 1104, 1108 (Pa. Super. Ct. 2007) (An individual may be charged with both possession of controlled substance and possession of drug paraphernalia for the bag that contained the drugs). Accordingly, it is extremely common for individuals to be charged with both Possession of a Small Amount of Marijuana or Simple Possession and possession of drug paraphernalia.

What Are The Penalties?

Possession of drug paraphernalia is an ungraded misdemeanor. Upon conviction, a person may be sentenced to imprisonment for up to one year, fined up to $2,500, or both. However, it is extremely important to note that a conviction for possession of drug paraphernalia does not carry a driver’s license suspension.

Accordingly, in a situation where the facts of a particular case are not favorable and a defendant has been charged with both drug possession and possession of paraphernalia, it is often advisable to seek a plea to the paraphernalia charge because of the lack of a driver’s license suspension and other collateral consequences about which the law offices of Rehmeyer & Allatt can advise you.

The statute that criminalizes the possession of drug paraphernalia also contains a provision that provides an enhanced penalty where a defendant delivers drug paraphernalia to a person under 18 years of age who is three or more years the defendant’s junior. This particular crime constitutes a misdemeanor of the second degree for which a defendant may be sentenced to pay a fine not exceeding $5,000 or to imprisonment not exceeding two years, or both.

35 Pa. Stat. Ann. § 780-113(i)

For additional information on possession of drug paraphernalia under Pennsylvania law, please see our reference guide here.

If you or a loved one has been charged with the possession of drug paraphernalia, we urge you to contact the law office of Rehmeyer & Allatt for a free consultation. Call us at 814-343-9860 or email us today.