Understanding the laws on drug paraphernalia possession

It's possible to be charged with a drug-related crime even if drugs are never found in your possession. This is because, in many cases, possessing or selling drug paraphernalia can be a crime in itself, or can be enough evidence to suggest that you have engaged in the trafficking of a particular controlled substance.

If you are facing drug-related charges because of drug paraphernalia found in your possession, it is important that you know why you are facing these charges, as well as what you can do to defend yourself successfully. The following is an overview of drug paraphernalia laws and some examples of drug paraphernalia.

How is drug paraphernalia defined under the law?

Drug paraphernalia refers to any type of object or equipment that can be used to develop, manufacture or use illegal drugs. The simple possession of paraphernalia is not a crime under federal law. However, the fact that you possess drug paraphernalia could lead prosecutors to have a strong case to accuse you of drug trafficking.

What are some examples of drug paraphernalia?

Drug paraphernalia can include pipes used for smoking, such as bongs, water pipes and chillums. Miniature spoons as well as syringes could be considered to be a form of drug paraphernalia, even if they have perfectly legitimate medical uses. Whether an object is considered to be drug paraphernalia can be subjective, and it often depends on the context in which the objects were found.

What is the law on drug paraphernalia?

According to federal law, it is forbidden to sell or attempt to sell drug paraphernalia, transport or mail drug paraphernalia, or import or export it. Often, the object in question will be checked for drug residue, and if this is found, the person will face drug paraphernalia charges.

How can I defend myself against drug paraphernalia related charges?

It's possible to defend yourself against drug paraphernalia charges by arguing that the object in question had a legitimate use that was not in any way related to the manufacture or use of illegal drugs.

If you have been found in the possession of drug paraphernalia and you want to successfully defend yourself, it is important that you take swift action to understand how the law in Arkansas applies to you.

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