DRUG PARAPHERNALIA LAWYER

The average person doesn't know that possession of drug paraphernalia is illegal, doesn't know how serious the charges can be and doesn't know what the law considers to be drug paraphernalia. Before you were issued a citation or were arrested for possession of drug paraphernalia you probably had no idea you were even breaking the law. Most people know that possession of drugs is illegal, they know if they interact with law enforcement that they are going to get in trouble. The lesser known but equally as common criminal charge is possession of drug paraphernalia. In some cases, possession of the paraphernalia associated with a specific drug carries just as severe a punishment as possession of the drug itself. On this page we are going to give you some information on drug paraphernalia as well as provide some links to some additional information and common questions people have when they get charged with drug paraphernalia. Keep reading to learn about drug paraphernalia, written specifically by a drug paraphernalia lawyer.

WHAT IS DRUG PARAPHERNALIA?

There are two types of drug paraphernalia. The most common is paraphernalia associated with the use or ingestion of drugs. This type of paraphernalia refers to a category of items that are associated with the use, preparation, and consumption of illegal drugs. These items are designed or intended for the purpose of ingesting, inhaling, or otherwise introducing drugs into the body. Drug paraphernalia can include a wide range of objects, equipment, and materials. In fact, most of these items are legal to possess, however when law enforcement can prove you intended to use them to consume drugs they become illegal. Let me give you a few real world examples:

1. Smoking devices: Pipes, bongs, hookahs, and other devices used for smoking substances like marijuana or crack cocaine. A pipe alone isn't drug paraphernalia, until you intend to use it to smoke marijuana, then it becomes illegal.

2. Ingestion tools: Items such as syringes, needles, and spoons commonly associated with injecting drugs. This is very similar, a spoon is legal to possess, but as soon as you use it to use cocaine, it becomes illegal.

3. Grinders: Devices used to break down substances into smaller, more manageable particles, often associated with the preparation of marijuana. Grinder alone is legal, grinder after being used to grind up marijuana, magically becomes illegal.

4. Roach clips: Small clips or clamps used to hold the end of a partially smoked joint or blunt.

The second type of drug paraphernalia is paraphernalia associated with drug distribution. This is the far more straightforward definition. This is the items one uses or possesses that are associated with distributing drugs. Remember, these items by themselves may be legal to possess, but as soon as one intends to use them in the distribution of drugs they become illegal. Here are a few common examples:

1. Storage containers: Containers designed to store drugs, like small baggies or vials. Baggies alone are legal, as soon as you start putting drugs in them, they become illegal.

2. Scale and measuring devices: Tools used for weighing and measuring drugs, which can indicate intent to distribute. A scale is an item that is legal to possess, as soon as you start using it to weigh drugs for distribution it becomes illegal.

HOW MUCH TROUBLE AM I IN FOR A DRUG PARAPHERNALIA CASE?

The most common drug paraphernalia is an item used in connection with a controlled substance. The connection may be assisting a person in using the drug, preparing the drug, or even selling the drug. Thus, otherwise completely lawful items may be “transformed” into illegal items based upon their past, present, or intended future use. For example, a postage scale is a perfectly legal device to own. However, if the owner of the postage scale intends to weigh marijuana with the scale so she can sell the substance by its weight, the once legal item is now drug paraphernalia.

Laws in Kansas offer several factors that should be considered in determining if an item is drug paraphernalia. Some factors look to the owner: if she has previous convictions dealing with drugs or what she said about the item. Other factors look to where the item was found: if it was found near drugs, if it was found near individuals with drugs, or if it was found on a person under the influence of drugs. Perhaps most telling are factors that look to the object itself: residue or other evidence indicating the item was used in connection with drugs, instructions and packaging indicating intended use with drugs, and legitimate uses for the item. The statute is clear that simply because the item is new and has never been used does not settle that it is not paraphernalia. This is because items become paraphernalia based upon use with or intent to use with drugs. Therefore, our brand new postal scale may be paraphernalia before it ever leaves its box—depending on what the owner intends to use the scale in connection with.

The statute also prohibits “drug precursors,” which are substances used to make certain drugs, such as methamphetamine. These include pseudoephedrine, lithium, and ammonia salts. Again, these items may be legally obtained, possessed, and owned, but if the intention of the owner is to create a controlled substance with these chemicals they are transformed in drug precursors.

What jurisdiction is prosecuting the Paraphernalia Charge?   

The state of Kansas has outlawed the possession of drug paraphernalia and many cities also have ordinances that outlaw the possession of drug paraphernalia. Determining which agency began the investigation that found the drug paraphernalia, and which law the prosecutor is bringing charges under is the first determination that must be made. A drug paraphernalia charge in one court may vary widely in seriousness from a drug paraphernalia in a different court. Different prosecuting attorneys take different stances on crimes, and employ different tactics and skills in litigating a case. The prosecutor on the case can greatly alter what is likely available as far as pleas and ultimate results. Further, the venue—the court in which the case is heard, such as Overland Park Municipal Court, Kansas City Municipal Court or Johnson County District Court—can greatly affect the outcome of a case. This all may seem daunting if you do not have an qualified drug paraphernalia lawyer to help guide you through this process.

What Does The State Have To Prove To Convict?   

The State will need to prove two things beyond reasonable doubt to achieve a conviction on a drug paraphernalia case. First, the defendant “possessed” the item. This means the defendant either owns the item or has control over it. Thus, a defendant that takes a family member’s hypodermic needles used to inject insulin may be charged with possession of paraphernalia if she is caught with needles while using them to inject drugs into her system. The fact that she does not technically “own” the needles does not defeat her “possession.” Alternatively, a defendant may leave her pipe, which she uses to smoke marijuana, at a friend’s apartment. If the police find the paraphernalia at the apartment, the defendant will still “constructively possess” the paraphernalia by virtue of her ownership of it.

Second, the State must prove the item is drug paraphernalia. This may be done by proving the item is used in connection with drugs or is intended to be used with drugs by the defendant. This is where the statutory factors above are applied, in an effort to determine if the item has crossed the line of legality and become paraphernalia.

When Does A Paraphernalia Charge Become A Felony?   

The actual or intended use of the paraphernalia determines whether a paraphernalia charge is a misdemeanor or a level five felony. Paraphernalia used in connection with “personal uses” result in misdemeanor charges. These types of uses include storing and concealing the drugs, as well as any means of introducing the drug to the body. Paraphernalia used in connection with more, “distribution uses” results in felony charges. These uses include growing or creating the substance, testing or analyzing the substance, and assisting in distributing the substance. There is a very narrow exception for paraphernalia used to grow fewer than five marijuana plants; such paraphernalia results in a Class A misdemeanor rather than a felony charge.

What Is The Punishment For A Paraphernalia Charge?   

The sentencing grid used by Kansas courts to determine a “presumptive” or default sentence, looks to the severity of the crime committed and the defendant’s criminal history. Misdemeanors fall outside this grid, so a misdemeanor paraphernalia charge will carry a sentence of up to six months in county jail, a fine, or both, regardless of criminal history. Felonies do fall within the grid, and range from level one—the most serious level of drug offenses—to level five. Felony paraphernalia charges are set by statute as a level five offense, regardless of which “distribution use” the item is being put to, or how large the quantity of drugs it is being used in connection with. A level five felony may produce a sentence as short as 10 months on probation or as long as 42 months in prison, depending on the defendant’s criminal history category ranking.

Drug-offense defendants can fall into 9 different categories depending on the number and type of prior convictions they have. The lowest category is I, which includes defendants with no prior convictions or only one misdemeanor conviction. The next category is H, which includes defendants with two or more misdemeanor convictions. Next is category G, which includes defendants with a single “nonperson” felony; nonperson felonies are those that do not involve harming another individual, such as theft or possession of a controlled substance. The categories continue, increasing based upon number of nonperson felony convictions, number of person felonies, or a combination of the two. The full breakdown is charted out below.

Perhaps more than most crimes, possession of drug paraphernalia can turn on a wide variety of facts. The difference between the State having or not having a case, or even prison or probation can turn on a subtle, easily missed fact. This is why is always important to seek competent legal counsel, specifically a drug paraphernalia lawyer, when you are faced with accusations of drug paraphernalia.