It is illegal to possess controlled or prohibited substances in many situations. Individuals who encounter police officers while in possession of certain drugs may end up facing criminal charges. When police officers search an individual’s clothing, their home or their vehicle, they may find items other than drugs that can complicate the legal situation of the defendant.
Many people who possess drugs also possess drug paraphernalia. People need special tools to store and consume the drugs in their possession. There are also tools associated with the distribution or cultivation of different drugs. If police officers find paraphernalia during a search, the defendant accused of a drug offense may find themselves in an even more difficult situation.
Triggering secondary charges
Just as the law prohibits drug possession, it is also illegal to possess paraphernalia. Any items that people use to process, package, store, manufacture, cultivate or consume drugs could constitute paraphernalia. Prosecutors might charge drug defendants with secondary criminal offenses related to their possession of paraphernalia.
Provided that the defendant does not have a prior paraphernalia conviction on their record, the secondary charges they face may be misdemeanor offenses. A first conviction usually only leads to a fine of up to $500. However, if the defendant has a prior paraphernalia conviction on their record, the charges they face may be felony charges. The penalties the courts impose could increase to up to $2,000 in fines and as long as two years in prison.
Justifying worse charges
In some cases, prosecutors look at paraphernalia as an indicator of criminal intent beyond simple possession for personal use. An individual with multiple consumption tools or items used to weigh drugs may be at risk of more serious charges. Prosecutors might bring drug trafficking charges or may accuse the defendant of possession with intent to distribute. Individuals who might otherwise face simple possession charges could be at risk of felony drug charges because of the paraphernalia that police officers find in their possession.
Seemingly small details can make a major difference to those accused of violating Maryland drug and paraphernalia laws. Reviewing what led to pending drug charges with a skilled legal team can help defendants plan a reasonable defense strategy.