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Smoking Devices and Drug Paraphernalia Lawyers

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What Is Drug Paraphernalia?

Drug paraphernalia is a broad term used to describe essentially anything that can be used to use, conceal, or manufacture drugs. What qualifies as "paraphernalia" will vary, but generally, it includes:

  • Pipes
  • Bongs
  • Freebase kits
  • Fake Cell Phones
  • Fake Pagers
  • Emptied Out Pens
  • Digital Scales
  • Vials
  • Fertilizer And Fluorescent Lights

Is It a Crime to Sell or Own Drug Paraphernalia?

Probably yes. In most states it is a crime to possess, sell, deliver, furnish, transfer, or manufacture a pipe or device for the smoking or injection of illegal drugs. While many pipes and smoking devices are sold legally for tobacco use, it is illegal to use such devices for illegal drugs, such as marijuana or opium. Items such as bongs and water pipes are often legally sold, but illegally used. Items that are otherwise legal but that are used to grow, produce, package, or otherwise manufacture illegal drugs may also be considered drug paraphernalia.

In some states it is also illegal to advertise or otherwise promote the sale of drug paraphernalia. Most states also have drug laws aimed at protecting youth, which may affect other paraphernalia laws.

What Are the Penalties for Drug Paraphernalia Crimes?

In most cases, possession of drug paraphernalia is considered a misdemeanor. Offenders are often fined and a criminal charge may be put on their permanent record. In some states an offender may be briefly imprisoned. The sale of drug paraphernalia carries stiffer penalties, with fines of up to $5000 and prison sentences of up to two years.

However, the penalties for drug paraphernalia crimes may be enhanced if the crime is committed on the grounds of a public school or park. Penalties may also be enhanced if the offender was over eighteen years of age and provided a juvenile under the age of eighteen with drug paraphernalia.

Do I Need a Lawyer for My Drug Paraphernalia Issue?

The criminal justice system is very complex. If you have been charged with a drug crime an experienced criminal defense attorney can advise you of your legal rights and defenses. 

Photo of page author Matthew Izzi

, LegalMatch Legal Writer and Attorney at Law

Last Modified: 11-09-2016 04:24 PM PST

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