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Drug paraphernalia charges are possible without any drugs

Many different types of drug charges exist, but there are some of them that aren't thought of often. One of these is drug paraphernalia charges. A person can face this charge even if there aren't any drugs found in his or her possession.

There are many items that could be used for legitimate purposes or illegal purposes. In these cases, the context in which the items are found would be the factor that determines how they are classified. Looking at the circumstances that are being cited might help you to determine how you are going to handle your defense.

Some of the items that aren't always considered drug paraphernalia include digital scales, which could be used to measure out cooking ingredients, and steel wool pads, which can be used for cleaning. If the scale was found on the kitchen counter with onions on it, it likely wouldn't be considered drug paraphernalia but that wouldn't be the case if it was on the living room table near small baggies that are used to bag up drugs. Steel wool pads on the kitchen sink aren't usually an issue but there would probably be a problem if they were found in a woman's purse with a pipette used to do drugs.

If you are facing drug paraphernalia charges, you need to think carefully about the case against you. There is a chance that you might be able to call your intended use of these items into the case, but make sure you are only doing this if it will help your case. In some instances, such as is if you have an item classified as paraphernalia by law, such as roach clips, the intent won't matter.

Source: FindLaw, "Drug Paraphernalia Charges," accessed Feb. 21, 2018

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