Las Vegas Drug Possession Defense Lawyers

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
• Grinders
• 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
• Bowls
• Containers

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.