Being caught in possession of illegal drugs can clearly have serious legal consequences. Most people know that. Yet many are unaware that having equipment related to the manufacture, sale or use of illegal drugs can sometimes also result in charges.
So, what sort of equipment could prove problematic?
Drug paraphernalia
Drug “paraphernalia” is a legal term that can encompass a lot of different items, and some of those items may have perfectly legal everyday uses, too. For example:
- Things used to take drugs. These can include syringes, spoons and bongs, the first two of which have clear and legal normal uses.
- Things used to grow, manufacture or enhance drugs: While grow lights are often used by marijuana producers, avid gardeners might also use them to keep vegetables growing through the darker winter months. Chemicals used in the manufacture or testing of drugs may also have alternative legal uses.
- Things related to the distribution of drugs: Someone dealing drugs may have an accurate set of weighing scales to measure out quantities, but so do people who bake cakes and those who are on diets with strict portion controls.
As mentioned, you are legally allowed to have many of these things, so the prosecution would need to show you intended to use them for illegal purposes. Having a spoon in your car to use with your afternoon yogurt, for example, is legal — so it is up to the authorities to prove that you had it there because you intended to use it with meth.
Prosecutors may use paraphernalia charges on top of actual drug charges to make for a heftier potential sentence to convince a defendant to take their plea deal. They might also use them as standalone charges. One example is when there is insufficient evidence for more direct drug charges, and another is against those who make or sell paraphernalia intended to be used in illegal drug activities.
Either way, it is important to remember that examining your defense options is always wise — especially when the prosecution is reaching.