If a person begins to exhibit these types of symptoms, it’s possible that drug use is to blame. Some of the symptoms may vary somewhat depending on whether a person is taking stimulates, opiates, or other drugs. For purposes of this section, drug paraphernalia does not include hypodermic apparatuses. If you have been arrested or cited for Possession or Use of Drug Paraphernalia in Jacksonville, Duval County, Clay County, or Nassau County Florida, you may have defenses to contest the charge or to minimize potential penalties. Contact the attorneys at Hussein & Webber, PL for a free consultation. The determination as to whether a person was in “possession” of the item alleged is one of the most common issues in a paraphernalia case.
- Cocaine can be snorted or injected in its powder form, and it can be smoked if it is in its freebase or crack cocaine form.
- It should not be used in place of the advice of your physician or other qualified healthcare providers.
- Empty marker and pen casings, and hollow lipstick tubes are also used to conceal drugs.
- Government crackdowns have resulted in the arrest of sellers of recreational drug paraphernalia, such as actor Maxwell Parker Hahn, who spent time in prison in 2003 for having his name used on bongs for sale via the internet.
Drugs and paraphernalia may be hidden in an individual’s personal space, so looking through their belongings may be an invasion of privacy. People should always consider speaking with a loved one about suspected drug use before looking through their belongings. Sometimes it can be difficult to spot paraphernalia because many are designed to look like items that can be used for eco sober house ma legitimate purposes. Medically Reviewed By Dr. Conor Sheehy, PharmD, BCPS, CACPA licensed behavioral health or medical professional on The Recovery Village Editorial Team has analyzed and confirmed every statistic, study and medical claim on this page. Of course, some symptoms may be the result of an underlying medical condition or the side effects of a prescribed drug.
Heroin and Opiate Derivative Paraphernalia
The rolling papers could be for tobacco, which is legal if you’re of age. You don’t want to tarnish your name and record with a paraphernalia charge that could reflect poorly on you in the future. Even though no actual drugs were involved, it’s a drug-related crime. A conviction could impact where you get into college and student loans, grants, and scholarships. Employers might not give you a chance or overlook you for promotions. Drug paraphernalia can indicate drug use and possibly a drug addiction.
Hiring an attorney can greatly increase your chances of having your charges reduced or dismissed. In Texas, it is illegal to use, possess, or deliver drug paraphernalia. Any person convicted of possessing or using drug paraphernalia may be guilty of a Class C misdemeanor. The penalty for a Class C misdemeanor is a fine punishable by up to $500. Capsules, balloons, envelopes, and other containers intended for use or designed for use in packaging small quantities of controlled substances.
Over the Internet, at tobacco shops, head shops, gift and novelty shops, gas stations, and convenience stores. People who smoke crack will often place the chopped-up crystals onto a piece of foil and hold it over a candle or lighter until it smokes. They will then inhale the smoke through a rolled-up foil straw, dollar bill, or glass or metal straw.
It might seem easy and even tempting to own paraphernalia but the truth is that these objects only make it more challenging to stay away from substances that could significantly impact your wellbeing. In treatment, not only will you have the chance to heal from the struggles of addiction, but at Ridgeview you will also learn valuable skills to help you stay away from drug paraphernalia and the urges to turn back to old habits. Drug pipes—Any type of pipe can be used to smoke or inhale illegal substances, including marijuana and cocaine. If a loved one has drug paraphernalia in their possession, talk to them about getting treatment and ask a doctor or mental health professional for further advice. If you or someone you know has been charged with possessing drug paraphernalia, it is crucial that you obtain skilled legal representation.
However, in many states, paraphernalia in and of itself is not illegal. However, once the item has been used to consume an illegal substance, it is considered drug paraphernalia, and possession of drug paraphernalia is punishable by law. You do not need to have the actual drug on you to face charges, drug paraphernalia charges can be assessed if there is any residue in the drug equipment, which sticks around long after use.
Contact a Dedicated Utah Criminal Defense Attorney
Additionally, showing the items are commonly marketed for drug use or were modified for such use can help to show the drug paraphernalia’s intended purpose. Drug paraphernalia includes items used for smoking or injecting a narcotic or dangerous drug. Paraphernalia can also include devices used for manufacturing, growing, weighing, or packaging illegal drugs, such as scales or plastic baggies. As an element of the crime of possession of drug paraphernalia, knowledge refers to an awareness of the substance’s presence and knowledge that it was a controlled substance.
Finding drug paraphernalia items in a loved one’s house or room can be an unpleasant experience. Early intervention and rehabilitation give the user the best opportunity for achieving lifelong sobriety and healing. It has to eco sober house ma do with the language the stores use to market and label their items. The store is not selling a “bong,” it is selling a novelty water pipe. The store is not selling a “bowl” for smoking marijuana or other illegal drugs.
How Do People Use Drugs?
Attorney Justin S. Pratt handles all types of criminal cases, with an emphasis on DUI-related charges. Second, loved ones will need to research available treatment options for their loved one. Withdrawing from drugs without medical intervention can be dangerous and also increases the chances of relapse. Researching ahead of time can also help someone find out which type of treatment would be the most beneficial for the addicted family member. Knowing what kind of drug a loved one is addicted to, and researching available treatment facilities for that specific substance can help concerned family members obtain effective treatment interventions. Thus, the prosecution may offer you a lesser punishment in exchange for simply pleading guilty to the charge rather than defending against it.
People will sometimes inhale industrial chemicals and other everyday, household items to get high. On the street, these drugs are referred to as “whippets” and are a cheap and easy way for teens and young adults to get high. Abusing inhalants can cause hallucinations, permanent brain damage, and organ damage.
These situations involve a defendant possessing the item for personal use. Most states punish misdemeanors with jail time https://sober-house.org/ of up to one year and fines. Other defenses include lack of evidence or failure to prove all elements of the crime.
For example, if the element of knowledge is not met, the defendant may not be convicted. The prosecution is required to show that the defendant knew the item was used to inject or consume a controlled substance. They must also show the defendant was aware of the presence of the object, either in the area they controlled or on their person. A conviction cannot stand if the facts indicate that the defendant had no knowledge of the presence of the paraphernalia. This is also true regarding the element of possession; the prosecution must show the defendant had control or possession of the device. A conviction cannot stand for a defendant simply present in the area where a syringe filled with heroin was found.
The evaluation consists of 10 yes or no questions that are intended to be used as an informational tool to assess the severity and probability of a substance use disorder. The test is free, confidential, and no personal information is needed to receive the result. Hayli is a skilled attorney who specializes exclusively in family law. She is known as a “spitfire” attorney but with a personable personality. Because of her excellent reputation and track record of success in Utah courts, she was heavily recruited by multiple law firms.
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Where Do People Buy Paraphernalia?
He has spent over 3,500 hours in court and has argued more cases than most attorneys do in a lifetime. B. Any person eighteen years of age or older who violates subsection A hereof by selling drug paraphernalia to a minor who is at least three years junior to the accused in age shall be guilty of a Class 6 felony. If your loved one is struggling with drug addiction, please contact a representative at Windward Way rehab center to explore your options for treatment. When someone continually puts themselves in harm’s way by abusing a substance, they’re often struggling with intense physiological factors that are beyond their control. Drug addiction is a disease that affects a person physically, emotionally, and behaviorally. While different drugs may affect a person in slightly different ways, there are a number of core, common symptoms that are present in the disease of addiction, regardless of the particular substance a person is abusing.
- Hiring an attorney can greatly increase your chances of having your charges reduced or dismissed.
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- It has to do with the language the stores use to market and label their items.
The items a store sells only become drug paraphernalia in the eyes of the law once the customer purchases the item, leaves the store, and then uses the item for an illegal purpose. Any item, whether it was sold in a headshop or made out of everyday household products, doesn’t technically become illegal drug paraphernalia until the owner uses it for either making, hiding, or getting high on drugs. The proof that law enforcement needs to classify an item as drug paraphernalia and to charge the user with a crime is if there is drug residue on the item or drugs are concealed within the item. User-specific products include glass hashish pipes, crack cocaine pipes, smoking masks, hashish bongs, cocaine freebase kits, syringes, roach clips for holding the burning end of a marijuana joint. Some stores sell items for growing hydroponic marijuana, such as guidebooks, fertilizer, and fluorescent grow-lights. The majority of possession of drug paraphernalia cases result in misdemeanor charges.
The looming penalties of fines, probation, and possible incarceration can be stifling. If you are convicted of selling drug paraphernalia to someone under 18 years old, you could be sentenced to a maximum of 5 years and a minimum of 3 years in jail, fines up to $5,000, or a fine and jail time. Since selling drugs or drug paraphernalia to a minor is a felony, you may be ordered to serve your sentence in state prison. If you are convicted of intent to sell drug paraphernalia, you may be facing a minimum of 1 year and a maximum of 2.5 years in a house of corrections, a fine up to $5,000, or both fines and jail time. A defendant might avoid jail time for a first conviction and receive a fine-only sentence or probation.
At surface level, “paraphernalia” simply refers to specific equipment that is required to participate in different activities. However, drug paraphernalia is unique to objects that are used for drug consumption either by snorting, injecting, or inhaling. In the US, enterprising individuals would sell items openly in the street, until anti-paraphernalia laws in the 1980s eventually ended the practice. With the growth of the Internet, drug paraphernalia sellers have greatly expanded their sales to a worldwide market.
Household objects like hollowed out pens are frequently used as drug paraphernalia. Taking pens apart is just one way to inhale certain substances such as marijuana, meth, and cocaine. Of course, this makes it more challenging to identify if your loved one is using drugs.