When a person possesses any item that is used, intended to be used, or designed to be used as “Drug Paraphernalia.”
Drug Paraphernalia is defined as any item used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, conceal, inject, ingest, inhale, or otherwise introduce an illegal or controlled substance.
In determining whether an item qualifies as drug paraphernalia, courts consider the proximity of the item to any controlled substances, the existence of residue on the item, whether the item can be used for legitimate purposes, and expert testimony concerning the item’s use.
For example, the presence of even a minuscule quantity of drug residue on an item is sufficient evidence to prove the item is Drug Paraphernalia. But if the alleged paraphernalia tests negative for drug residue, the prosecutor must introduce other evidence to demonstrate the item was intended to be used for an illicit purpose.
Penalties: Up to 1 year in jail, 1 year probation, and $1,000 fine.