PASSIONATE DEFENSE REPRESENTATION

Let's Change The Outcome

Drug charges include more than just drugs

You are probably aware that some drugs are illegal, like marijuana or heroin, but sometimes possessing items associated with drug use is illegal. Drug paraphernalia is any items that are related to the use of illegal drugs. These crimes may include innocuous items like spoons or more sinister products like needles or pipes. This article will cover the basics of what you need to know regarding these drug paraphernalia crimes.

There are two bodies of law that proscribe criminal behavior: federal and state law. The actions that can lead to these charges vary depending upon which of these bodies of law you are charged under. Generally, under federal law you may not:

  • Export or import drug paraphernalia.
  • Sell or try to sell paraphernalia.
  • Mail or transport drug paraphernalia across state lines.

The charges you face under state law differ depending on the state. Under some state laws, mere possession of drug paraphernalia is sufficient to face criminal charges. You might be charged for possessing just the paraphernalia without any drugs. You may be charged even if you had no intention of using the paraphernalia to use drugs. These laws can be complicated and inconsistently applied.

Often part of the problem is identifying what is paraphernalia and what is not. Laws give great discretion to police officers to properly identify when to arrest and when not to. Usually, the arresting officer will rely upon the context of the item. So, theoretically, if you are arrested with a teaspoon but nothing else, you should avoid any criminal charges.

If you were recently arrested on a drug paraphernalia charge, then you may want to consult with a criminal defense attorney to review your options. Usually, you will face lighter sentencing or punishments if you were arrested with only paraphernalia. Drug paraphernalia charges can easily build up against you. A successful criminal defense relies as much on contesting the facts as it is the charges.

CATEGORIES

Recent Posts

How can a DUI conviction impact my commercial driver’s license?

On Behalf of Ryan Beasley Law | Apr 8, 2022 | Drunk Driving | Commercial vehicles are a common sight on the South Carolina roads. Trucks go to, from and through the state delivering and carting items that are vital to everyday life. This can include food, materials,...

What defenses are there for domestic violence charges?

Every relationship has times when you and your partner will disagree. An argument can feel very after both parties have had a chance to cool off than it does while it is happening. In some cases, a disagreement can get out of hand or misinterpreted, leaving both...

How a DUI can threaten your college education

College is an exciting time for young adults. Newfound independence often comes with having to make important decisions on your own, including whether to drink and drive. Unfortunately, millions of college students choose to drive while intoxicated. While you may be...

Bill could lead to harsher penalties after fentanyl overdoses

In South Carolina and across the United States, opioids are garnering significant attention. This is understandable given the number of people who are having problems with these types of drugs. Specifically, fentanyl is drawing scrutiny from state and federal law...

Do you know the importance of jury selection in your case?

There’s a lot to consider when building your criminal defense. While you may want to work with prosecutors early on to try to mitigate the fallout from your case, and you certainly want to gather evidence that contradicts the prosecution’s case, you can’t neglect the...

Do You Need Legal Advice? Don’t Wait.

Get Help Now

I

Visit Our VIDEO CENTER To Find Out More