When police officers search homes, vehicles or a person, they may sometimes find drugs. They may also find secondary evidence indicative of drug abuse. Paraphernalia includes items such as pipes and syringes used for drug consumption.
Any objects intended to package, manufacture, consume or distribute drugs, including individual plastic straws and scales, could constitute drug paraphernalia. Sometimes, searches turn up paraphernalia but no actual drugs.
What happens after a search results in police officers seizing pipes, syringes or other drug paraphernalia?
Paraphernalia possession charges are likely
It is illegal to possess tools associated with drug manufacturing and consumption, just as it is illegal to possess the drugs themselves. The type of paraphernalia that police officers find may influence what charges and penalties the prosecutor pursues.
The possession of general paraphernalia for drugs could constitute a fourth-degree misdemeanor. The penalties could include up to $250 in fines and 30 days in jail. If the paraphernalia is for marijuana, in particular, then the offense is a minor misdemeanor that carry a fine of up to $100.
If the paraphernalia is a syringe or similar drug abuse instrument, the charge could be a second-degree misdemeanor. The penalties increase to up to $750 in fines and 90 days in jail. Repeat offenses can lead to upgraded charges and more serious penalties.
Between the various penalties and the potential for a criminal record, paraphernalia charges can be much more serious than people realize. Discussing a police search and the pending drug paraphernalia charges with a defense attorney can help people understand the risks and evaluate different strategies for responding to their charges as effectively as possible.