Possession of Drug Paraphernalia

Possession of Drug Paraphernalia is often charged alone or with Possession of a Controlled Substance. Typically charged as a Class B misdemeanor, this offense is included in the list of enhanceable offenses, meaning if you get three of them it can be charged as a felony. This offense is particularly tricky, as even the most mundane household items can potentially be illegal if used with intent. An officer believing you to be under the influence or finding drugs in your possession can make the inference that a pen, plastic sandwich bag, or even an apple can be paraphernalia. It is then up to the prosecution to prove that you did use or intend to use the item to ingest, sell, or transport a controlled substance. Don’t enter a guilty plea without consulting with an attorney! Call or text Shantelle today at 801-810-9609.