Possession of Drug Paraphernalia
What is Possession of Drug Paraphernalia in Pennsylvania?
When you are arrested for possession of marijuana or some other type of controlled substance in Pennsylvania, including Bucks County, you are also usually charged with Possession of Drug Paraphernalia. Drug paraphernalia is any item that is used to store a drug or ingest a drug. These items include, but are not limited to glassine baggies, pipes, bongs, wrapping papers, and hypodermic syringes. Even household items such as plastic bags and food scales can be considered drug paraphernalia in certain circumstances.
Under Pennsylvania law, as written in 35 P.S. § 780-113 (32), Possession of Drug Paraphernalia is defined as:
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 in violation of this act.
There is an endless number of items that can fall into the category of “drug paraphernalia”, and a paraphernalia charge may not just be limited to instances where you are charged with possession of an illegal drug. The paraphernalia charge may also be included if you are charged with Drug Dealing. The Possession of Drug Paraphernalia definition is very broad and includes items that drug dealers use to grow, process, packaging and distributing marijuana, cocaine, heroin and similar illegal drugs.
What are the Penalties for Possession of Drug Paraphernalia in Pennsylvania?
Possession of Drug Paraphernalia is a misdemeanor in Pennsylvania. If you are convicted of this charge, you are facing a fine of up to $2,500 and up to 1 year in jail. Furthermore, if you happen to deliver drug paraphernalia to someone under 18 years of age and you are over the age of 21, this is a misdemeanor in the second degree. With a misdemeanor in the second degree, penalties increase to up to a $5,000 fine and up to 2 years in jail. Experienced criminal defense attorney Caterina Saile can assist you in minimizing the penalties you are facing for Possession of Drug Paraphernalia.
What Should you Do if you Have been Charged with Possession of Drug Paraphernalia?
If you are charged with Possession of Drug Paraphernalia and any related drug and/or DUI offenses, you should consult with an experienced Bucks County DUI criminal defense attorney at Saile & Saile, LLP regarding your criminal charges. You are entitled to certain protections under the U.S. and Pennsylvania Constitutions. Skilled attorney Caterina Saile, will be able to answer your questions, advise you on your rights, and assist you with planning an agressive defense in your drug paraphernalia case.