Possession of drug paraphernalia is one of the most regularly charged offenses in any jurisdiction, alongside substance possession. Possession of drug paraphernalia is one of the most regularly charged offenses in any jurisdiction, alongside substance possession. Drug paraphernalia may be almost anything. However, bongs, roach clips, and syringes are frequently connected with the crime.
All states have laws prohibiting the sale, use, and possession of drugs, while the language and application of these laws vary. These prohibitions are frequently interpreted widely, and given the appropriate conditions, a judge can deem nearly any object drug paraphernalia.
Possession of drug paraphernalia is typically punished as a misdemeanor, while felony charges are feasible in some jurisdictions and under some circumstances. Sentences for mere possession of paraphernalia are far less severe than those for making or distributing drug paraphernalia.
Prison Or Jail:
Some drug paraphernalia laws call for prison penalties of up to a year; however, lighter punishments of up to 90 days are also prevalent. A court can issue a prison term on its own or with other sanctions such as a fine.
A person convicted of paraphernalia possession may potentially be sentenced to “time served.” This implies that instead of imposing extra jail time, the court considers the time spent in custody after the arrest but before the conviction and applies it as the jail term.
For drug paraphernalia charges, fines are a typical penalty, and courts frequently award fines rather than prison terms, especially for first-time offenders.
Convictions for possession of drug paraphernalia frequently result in probation. When a court sentences someone to probation, they must follow a set of rules for a set period, usually 12 months or longer.
Participating in a pretrial diversion program may allow certain drug offenders to avoid a conviction. They are meant to allow first-time offenders the opportunity to make apologies for their illegal actions without being convicted of a crime. They are also known by several titles, such as deferred prosecution or pretrial intervention. If you need any information on the Possession of Drug Paraphernalia, you should always speak with specialists like Rosenthal Kalabus & Therrian.