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A Look At Pennsylvania’s Drug Paraphernalia Laws

September 16, 2021

By van der Veen, Hartshorn, Levin & Lindheim

Recently, two Pennsylvanian men were charged with multiple offenses during a traffic stop. The driver was arrested for driving under the influence, and possession of a controlled substance as well as possession of drug paraphernalia. The passenger was arrested for possession of CBD and possession of drug paraphernalia.

The laws regarding drugs in the Commonwealth are very strict and while many people know that possession of certain substances is illegal, they are not aware that possessing tools to consume drugs is also illegal. A conviction for possession of drug paraphernalia comes with serious consequences, so it is important to know what these laws entail.

What is the Offense of Possession of Drug Paraphernalia?

Under the Pennsylvania Statutes, a person may face charges of possession of drug paraphernalia if they own or have certain tools in their possession. The prosecution can only secure a conviction if they can prove the tools were used, or intended to be used for, the following actions in regards to controlled substances:

  • Propagating
  • Planting
  • Growing
  • Cultivating
  • Harvesting
  • Compounding
  • Manufacturing
  • Producing
  • Converting
  • Processing
  • Testing
  • Preparing
  • Packing
  • Analyzing
  • Storing
  • Repacking
  • Concealing
  • Containing
  • Inhaling
  • Ingesting

Any tool used for any of the above in regards to a controlled substance can result in an arrest or charge for possession of drug paraphernalia. The most common items include roach clips, baggies, rolling papers, blenders, bongs, scales, and needles.

Multiple Charges are Common in Possession of Drug Paraphernalia Cases

Facing charges for possession of drug paraphernalia is a scary experience. If convicted, you may be charged with a misdemeanor that carries a sentence of up to one year in jail and a maximum $2,500 fine. However, the chances are good that you will face other charges with additional penalties, as well.

Possession of drug paraphernalia charges often go hand in hand with other charges. Most commonly, those charges are possession of a controlled substance. For every piece of paraphernalia, law enforcement may also bring additional charges. For example, if someone was found with a pipe, a baggie, and marijuana, they could face several charges which, if convicted, could result in extremely high fines and several years in prison.

It is for this reason that it is crucial to speak to a criminal defense lawyer in Philadelphia when facing possession of drug paraphernalia charges. Contrary to what many people think, these charges are not minor and they could even result in a prison sentence, particularly if other charges are laid at the same time.

Call Our Criminal Defense Lawyers in Philadelphia Today

People make mistakes and it is not uncommon for innocent people to be charged, particularly when it comes to the offense of possession of drug paraphernalia. If you or someone you love has been arrested and charged with this offense, our experienced Philadelphia criminal defense lawyers at van der Veen, Hartshorn, Levin & Lindheim, can help with your case. Our attorneys know how to build a solid defense to drug charges, and we will put our experience to work for you. Call us today at (215) 486-0123 or fill out our online form to schedule a free consultation.



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