Possession of Drug Paraphernalia
Drug paraphernalia is defined as equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, concealing, containing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. Being convicted of possessing drug paraphernalia can be serious and include harsh penalties like jail time or heavy fines.
Drug paraphernalia can include items such as (but not limited to):
- Any type of pipe
- Water, chamber, carburetor, electric or air-driven pipes, ice-pipes or chillers
- Bongs or chillums
- Carburetion tubes or devices
- Smoking or carburetion masks
- Small spoons with a level capacity of one-tenth cubic centimeters
- Objects used to hold burning material that is too small to hold by hand
- Drug testing kit
- Dilutants and adulterants
Because possession is a required element to paraphernalia offense, the prosecution must be able to show that the offender had constructive or actual possession. Constructive possession must include that the offender was aware the paraphernalia was in their possession or had the intent to take or was physically able to take possession of paraphernalia. Actual possession is when the offender has actual, physical control of the paraphernalia on their body or in their possession.
Penalties an alleged offender may face with possession of drug paraphernalia can include a misdemeanor offense that is punishable by up to 6 months in jail and fines not exceeding $1,000. An individual convicted of unlawful delivery, procession, sale or manufacture of drug paraphernalia will be convicted of a category E felony, which can mean 1-4 years in prison. If the alleged offender is convicted of delivering paraphernalia to a minor, they will face a category C felony, which can mean 1-5 years in prison.
Possession of a Controlled Substance
It doesn’t matter if you are in possession of drugs, narcotics or controlled substances for personal use, being in possession of these items can lead to severe penalties for a felony drug conviction. This offense can include the typical prison and fine penalties that come with a felony conviction, but also, it can lead to the inability to receive government funding, denial to certain education programs and the inability to pursue certain professions or occupations, as well as a criminal record and the inability to own or possess a firearm.
Las Vegas Possession of Drug Paraphernalia or Possession of a Controlled Substance Attorney – The Defenders
It is important you contact The Defenders immediately so we can start creating an aggressive defense for your case. The Defenders delivers an honest and straightforward response to your charges while providing you personable and communicative involvement throughout the duration of your case. We’re aggressive when we need to be, compassionate when it counts, and always dedicated to your success. That’s what makes us The Defenders, a proud branch of the Richard Harris Law Firm.
We have the experience and knowledge you need to make sure you get the best judgment for your case. We are available day and night to start the process. Simply fill out our Contact Us form or call us at 702.333.3333. You don’t have to go through this alone, call us today!
The firm is led by attorney K. Ryan Helmick of The Defenders, who is experienced in dozens of criminal law matters. He and his team have helped thousands of people with their cases. It is his passion. Read more about Ryan here.