People who are facing drug charges can sometimes have additional charges added to the ones directly related to the drugs. Some of these have to do with drug paraphernalia, which involves things that are used to manufacture, package, sell or use drugs.
There are some very specific requirements that must be met for something to be considered drug paraphernalia from a criminal standpoint. Some items that are used for certain aspects of illegal drugs also have other uses.
What are the requirements for something to be considered drug paraphernalia?
One of the easiest ways for something to meet the requirement of being drug paraphernalia is for the item to have drug residue present on it. This is often determined through testing; however, this can sometimes become an important point in a defense strategy if there’s any proof that the testing or custody process wasn’t handled properly.
Another way that drug paraphernalia can be proven is by the way it’s being used when it’s found and seized. For example, a digital kitchen scale likely won’t be considered drug paraphernalia if it’s found in the kitchen cabinet next to cooking items. That same scale could be classified as drug paraphernalia if it’s found on the living room table next to small baggies that are used to package drugs for sale.
Drug paraphernalia charges typically aren’t considered serious matters, but they can become an important part of a criminal case. Determining how to fight back against these charges is critical for anyone facing them, so working with someone familiar with these matters may be beneficial.