It surprises many people to learn that it is possible to face drug-related charges even if you don’t have drugs in your possession. One way that this can happen is if you have something that’s legally considered to be drug paraphernalia. These are items that are used to make, sell or use drugs.
Some drug paraphernalia is covered under federal law, and others are just things that are associated with drugs. Understanding a few points about these types of charges might help you recognize potential issues that you might face because of items in your possession.
For most cases, the circumstances surrounding the paraphernalia matters. If these items are found in an arrangement that suggests that they were used for drugs, there might be a charge.
For example, if you have a digital scale, small baggies and a razor blade on the dining room table, it might be assumed that you’re going to package drugs. That same scale likely wouldn’t raise suspicions if it was in a kitchen cabinet next to items used to cook. Some items, such as roach clips, miniature spoons and kits to freebase cocaine are likely always going to be considered paraphernalia.
It’s imperative that you understand your defense options if you are charged with a crime related to drug paraphernalia. This might include calling the search and seizure into question if it wasn’t conducted in a manner that complies with the United States Constitution. Other possibilities also exist, but they are based on the factors of the case, so consider them carefully before you determine your defense strategy.