Most drugs require special tools for their preparation or consumption. Those who routinely use illicit substances may also have tools intended to help them transport their drugs or ensure that their supplier does not overcharge them while giving them less than they requested.
People who regularly consume prohibited drugs or who acquire prescription medication on the unregulated market may have items in their vehicles that they rely on when acquiring or consuming drugs. Those items may then draw the attention of police officers during a simple traffic stop.
What are common concerns for those who might possess drug paraphernalia?
Paraphernalia is reason to search
Police officers cannot search vehicles without a reason during a traffic stop. However, if they have probable cause to suspect criminal activity, they can potentially justify a vehicle search. If an officer sees paraphernalia in a vehicle, that can be adequate justification to search the vehicle.
Drivers could face paraphernalia charges
Frequently, the paraphernalia used to acquire, consume or distribute drugs has residue on it. Depending on what officers find during a search, the state may be able to bring both possession charges and paraphernalia charges against those accused of illegally possessing drug paraphernalia in their vehicles.
Facing two charges instead of just one can lead to more serious consequences and a much more damaging criminal record. Even if the state can only bring a paraphernalia possession charge, the penalties are still noteworthy. The defendant faces up to a year in prison and $2,500 in fines.
As if the possibility of two charges for a single police encounter wasn’t frightening enough, motorists also face the possibility of much more serious charges. Especially when people have scales, tools for packaging drugs or multiple containers for drugs, those items could serve as evidence that a person possessed the drugs to distribute them to others rather than to consume them.
Possession of drug paraphernalia can easily complicate what might initially seem like a simple possession offense. People frightened of the consequences that they may face may need help while responding to their charges and a reasonable criminal defense strategy. Consulting with a criminal defense attorney can potentially help those accused of a drug paraphernalia offense understand the risks they face and establish a realistic criminal defense strategy as quickly as possible.
