Possession of Drug Paraphernalia

If an individual is charged with possessing drug paraphernalia, they can be convicted of the offense if the judge or jury finds beyond a reasonable doubt they used or possessed with intent to use the item, and the item is listed as a paraphernalia item in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act.

A possession of drug paraphernalia charge in West Chester can lead to serious consequences, including jail or prison sentences and fines. If an individual is charged with a paraphernalia offense, their charges probably arose from a related drug or marijuana offense. Multiple drug charges can lead to more severe penalties.

Drug paraphernalia in Pennsylvania can include a variety of items, including baggies, balances, balloons, blenders, bongs, bowls, capsules, diluents, drug kits, envelopes, grinders, isomerization devices, needles, pipes, razor blades, roach clips, rolling papers, scales, sifters, spice grinders, spoons, syringes, other cutting instruments and other containers.

West Chester Possession of Drug Paraphernalia Attorney

If you have been charged with possessing drug paraphernalia in West Chester, PA Michael J. Skinner of the Skinner Law Firm will examine the details of your case to try and find potential defenses or mitigating circumstances that may reduce or eliminate your charge. Contact the Skinner Law Firm at (267) 388-3476 for a consultation about your alleged drug offense today.

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Possession in Pennsylvania

There are two types of possession in Pennsylvania that can result in possession of paraphernalia charges. An individual could have actual possession of the paraphernalia, or actually have it on their body or in a pocket on their body. Or an individual could have constructive possession of the paraphernalia. In order for an individual to constructively possess drug paraphernalia, they usually have to meet three elements in Pennsylvania:

• The individual must be aware of the presence of the paraphernalia,
• The individual was aware the nature of the paraphernalia was for drug use, and
• The individual had the intent to take control of the item and was able to take control.

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Pennsylvania’s Possession of Drug Paraphernalia Laws

The Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. §§ 780-101 – 780-144) defines all drug crimes and penalties in Pennsylvania.

Under the Act, drug paraphernalia is defined as all equipment, products, and materials of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, test­ing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, and inhaling any controlled substance listed in the Act.

The act defines certain prohibited paraphernalia acts, including the use of, or possession with intent to use drug paraphernalia for the purpose of cultivating, growing, planting, harvesting, producing, processing, manufacturing, preparing, testing, compounding, converting, analyzing, concealing, ingesting, injecting, inhaling, packing, storing or containing any controlled substance listed in the Act.  

Additionally, it is a violation of the act to deliver, or possess with the intent to deliver, any drug paraphernalia that one should reasonably know will be used for the purposes of processing, manufacturing, preparing, testing, compounding, converting, analyzing, concealing, ingesting, injecting, inhaling, packing, storing, cultivating, growing, planting, harvesting, and producing any controlled substances listed in the Act.

Examples of controlled substances in the Act can include, but are not limited to:

• Acid,
• Amphetamines,
• Cocaine,
• Codeine
• Heroin,
• Hydrocodone,
• LSP,
• Marijuana,
• Mescaline,
• Meth,
• Opiates,
• Opium,
• PCP,
• Peyote and
• Psychedelic mushrooms.

Possession of drug paraphernalia is unlawful unless the alleged offender has a defense to the charges. A defense to drug paraphernalia charges is if the alleged offender had authorization to possess the item. There has to be evidence supporting the alleged offender’s claims to authorization.

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Pennsylvania Penalties for Paraphernalia Possession

If an individual is charged with use of paraphernalia, possession with intent to use drug paraphernalia, delivering paraphernalia, or possession of paraphernalia with the intent to deliver in Pennsylvania, they can be convicted of a misdemeanor offense, which can result in imprisonment up to one year and/or a fine not more than $2,500

If the individual delivers drug paraphernalia to a minor under the age of 18 who is at least three years younger than the alleged offender, they can be convicted of a misdemeanor of the second degree, which is punishable by a fine up to $5,000 and/or imprisonment not more than two years.

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Skinner Law Firm | Possession of Drug Paraphernalia in Pennsylvania

Contact the Skinner Law Firm today for a consultation about your alleged paraphernalia offense in Chester County, Pennsylvania, and the surrounding areas in Lancaster County, Montgomery County, and Delaware County. Michael J. Skinner is an experienced West Chester drug charges attorney who will listen to the facts of your particular situation, and make every effort to help you achieve the best possible outcome in your situation. Contact the Skinner Law Firm at (267) 388-3476 for a consultation about your alleged drug possession of paraphernalia offense in Pennsylvania.