It isn’t just the possession of drugs that can land you in legal jeopardy in Pennsylvania. Possession of drug paraphernalia can also result in serious criminal charges and stiff penalties. However, what is considered drug paraphernalia under the law can be confusing, and those facing the charges often mistakenly believe they have no defense.
The drug defense team at The Zeiger Firm wants you to know that you have legal options to fight back. We are prepared to help if you are facing possession of drug paraphernalia charges in Pennsylvania. For nearly 20 years, our aggressive and experienced legal team has fought for the rights of people facing criminal charges, and we can do the same for you. Our attorneys have the experience, resources, and skill to represent you zealously and are ready to work tirelessly towards the best outcome possible. If you are facing charges of possession of drug paraphernalia, contact our office for a free initial consultation on your legal rights.
What Is Possession of Drug Paraphernalia?
Under Pennsylvania law, almost any object can be classified as drug paraphernalia, depending on the circumstances. If the object is possessed, used, or sold for planting, propagating, cultivating, growing, packing, storing, testing, preparing, manufacturing, injecting, ingesting, inhaling, or otherwise introducing a controlled substance into the human body, it can be considered drug paraphernalia. In other words, any object used for drug-related purposes could be drug paraphernalia under state law.
Although certain objects such as bongs and rolling papers are widely known as drug paraphernalia, even ordinary household products can be classified as drug paraphernalia if law enforcement believes they are being used in relation to drugs. Examples of items that may be categorized as drug paraphernalia include:
- Roach clips
- Baggies or balloons
- Growing supplies
- Aluminum foil
When Is it a Crime to Possess Drug Paraphernalia?
Under Pennsylvania law, it is a crime to use or possess with intent to use drug paraphernalia for the purpose of “planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling” or otherwise introducing a controlled substance into the human body. Delivering, possessing with intent to deliver, or manufacturing with intent to deliver drug paraphernalia for these purposes is also illegal.
Additionally, the law prohibits advertising to promote the “sale of objects designed or intended for use as drug paraphernalia.”
Because the laws are complex, it is in your best interest to hire an experienced attorney who has a thorough understanding of Pennsylvania statutes and experience in PA possession of drug paraphernalia cases.
How Serious Are Drug Paraphernalia Charges?
Although drug paraphernalia charges are misdemeanors, if you are charged with possession of drug paraphernalia along with other more serious offenses, such as possession of a controlled substance, you could face stiffer penalties.
Is Possession of Drug Paraphernalia a Felony?
Charges of possession of drug paraphernalia are almost always misdemeanors under Pennsylvania law. However, these charges often accompany more serious charges, such as possession of a controlled substance with or without intent to deliver or drug trafficking. These are often felony offenses that carry harsher penalties. A person facing multiple drug-related charges, including drug paraphernalia charges, should speak to a lawyer about the possibility of having their charges reduced or dismissed.
Penalties for PA Possession of Drug Paraphernalia
A conviction for possession of drug paraphernalia in Pennsylvania is an ungraded misdemeanor offense that can result in the following penalties:
- Fines of up to $2,500
- Up to one year in jail
However, a person convicted of delivering drug paraphernalia to someone under 18 who is at least three years their junior will face more serious legal consequences. This is a second-degree misdemeanor, and the penalties can include:
- Fines of up to $5,000
- Up to two years in jail
A person charged with possession of drug paraphernalia first offense may qualify for a diversionary program. However, an offender with a professional license, like a commercial driver’s license (CDL), could have their license revoked, jeopardizing their work prospects.
What to Do If You Are Facing Possession of Drug Paraphernalia Charges
Being charged with possession of drug paraphernalia can be scary and confusing. However, you have legal rights. Most importantly, you have the right not to speak to law enforcement about your case without an attorney present. Before you do anything else, contact the experienced legal team at The Zeiger Firm, who are prepared to advocate for you aggressively.
We can fight for the best outcome in your case by:
- Answering your legal questions, explaining your rights, and weighing your options
- Investigating the circumstances of your arrest, including whether law enforcement used the proper procedures to identify potential defenses
- Gathering evidence to support your case and weaken the prosecution’s argument
- Negotiating a plea deal to lessen the penalties that you face
- Preparing your case for trial if negotiations fail
- Zealously advocating for you throughout your case and protecting your legal rights
Contact Our Experienced Criminal Defense Lawyers for Help
Charges for possession of drug paraphernalia in Pennsylvania can be confusing and stressful. However, you do not have to navigate the legal system alone. At The Zeiger Firm, we are prepared to protect your legal rights and fight for the best outcome in your case, just as we have done for hundreds of clients over more than 20 years of legal service. Our attorneys have extensive experience in the Pennsylvania court system and a deep understanding of state law, which allows us to prepare strong defenses for our clients. If you have been charged with possession of drug paraphernalia in Pennsylvania, our experienced criminal defense lawyers can help. Contact our office for a free initial case review.