Drug possession charges typically follow any discovery of controlled or prohibited substances. Police officers can arrest anyone in possession of contraband or prescription medication without a valid prescription.
In some cases, police officers may find secondary items that they connect to the drug offense. Many different items can lead to allegations of possessing drug paraphernalia. Any tools used to process or consume drugs may be paraphernalia. Items used to package, weigh or manufacture illicit substances may also be paraphernalia.
If police officers find paraphernalia in addition to drugs, how can the other items affect the charges that they face?
Paraphernalia is also illegal
Police officers are likely to document every questionable item that they find during a drug arrest. Prosecutors can then bring paraphernalia charges in addition to drug possession charges. Prosecutors can pursue separate charges related to the possession of paraphernalia.
A first offense is a Class C misdemeanor. The maximum penalties for a conviction include up to 60 days in jail and $500 in fines. If the defendant has a prior paraphernalia conviction on their record, they may face Class A misdemeanor charges. The penalties possible include up to a year in jail and $5,000 in fines. The result may be that an individual faces multiple criminal charges and far more serious penalties because police officers found tools in addition to the drugs themselves.
Paraphernalia can justify harsh charges
Paraphernalia doesn’t just have an association with drug consumption. Many tools may imply that a person has involvement with the cultivation or trafficking of substances. For example, postage or digital scales used to weigh drugs could indicate to law enforcement authorities that an individual regularly distributes drugs to others and must be able to weigh them for the sake of accuracy. Packaging and consumption tools can also potentially strengthen claims of distribution or trafficking.
Even if officers find no evidence of actual drug sales, the state could pursue felony possession with intent to distribute charges based on the paraphernalia that police officers found. People could face much more serious charges because of items found at the same time that police officers find drugs.
Understanding how paraphernalia can complicate pending drug charges can help people respond more effectively. Innocent items associated with the drug trade can significantly worsen an individual’s situation.