An Overview of Pennsylvania Drug Paraphernalia Laws

An Overview of Pennsylvania Drug Paraphernalia Laws

Drug paraphernalia laws in Pennsylvania can be tricky to navigate. This article aims to provide an overview of the key things you need to know if you have been charged with possession of drug paraphernalia in Pennsylvania.

What is Considered Drug Paraphernalia in Pennsylvania?

The definition of drug paraphernalia under Pennsylvania law is very broad. Section 780-102 of the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act defines paraphernalia as “all equipment, products and materials of any kind” that are used or intended for use in activities like manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing a controlled substance into the body.

This means that almost anything that is somehow associated with illegal drugs can potentially be considered paraphernalia under the law. Some common examples include[1][2][3][4][5]:

• Bags, envelopes or other containers used to store drugs
• Scales and balances used for weighing drugs
• Blenders, bowls, containers used for containing drugs
• Spoons and capsules used for packaging drugs
• Roach clips for holding a marijuana cigarette
• Bongs and pipes for smoking drugs
• Syringes, needles and other injection tools

Many everyday items can become drug paraphernalia if they are somehow modified or used in connection with illegal drugs. For example, a spoon that has drug residue on it could be considered paraphernalia. Even lawful items like plastic baggies can become paraphernalia if they contain illegal drugs or residues[4].

Penalties for Possession of Drug Paraphernalia

In Pennsylvania, possession of drug paraphernalia is an ungraded misdemeanor offense[1][3][4]. This means it is punishable by:

• Up to 1 year in jail
• Fines up to $2,500

The penalties can be even more severe if you deliver or sell paraphernalia to minors. Selling paraphernalia to someone under 18 who is at least 3 years younger than you is a second degree misdemeanor. This can be punished with up to 2 years in jail and fines up to $5,000[1][2].

One key difference between paraphernalia charges and other drug offenses is that they do not come with a driver’s license suspension in Pennsylvania. So while a conviction can still harm your criminal record, at least your driving privileges will remain intact[1][4].

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Defenses Against Paraphernalia Charges

There are several legal defenses that a criminal defense attorney may use to fight paraphernalia possession charges in Pennsylvania:

• Lack of criminal intent – The prosecution must prove you intended to use the item with illegal drugs. If the item has lawful uses, you may argue you never intended to use it illegally[3].
• Lack of actual possession – If you did not actually possess the item but were simply near it, you can fight the charges[4].
• Lack of drug residue – Without proof of drug residue, lawful items may not be considered paraphernalia[4].
• Illegal search – If the police violated your rights by illegally stopping or searching you, any evidence found may be suppressed[5].

An experienced criminal defense lawyer can evaluate the specifics of your case and decide if any of these defenses could apply.

What to Do If Charged with Paraphernalia Possession

Here are some steps to take if you are facing drug paraphernalia charges in Pennsylvania:

1. Remain silent and politely decline to answer police questions if you are arrested. Anything you say can be used against you.
2. Hire a criminal defense attorney as soon as possible. An experienced lawyer can negotiate with prosecutors for a dismissal or reduction of charges.
3. Follow your lawyer’s advice about whether to fight the charges at trial or try to plea bargain. With their help, you may be able to get the charges dropped or reduced to a non-criminal citation.
4. If convicted, ask your lawyer about options like the ARD diversionary program. Completing ARD allows you to avoid a permanent criminal record.
5. Avoid discussing your case on social media or with anyone other than your lawyer. Your statements could come back to haunt you.

Dealing with drug paraphernalia charges can be stressful. But with an experienced criminal defense lawyer on your side, you may be able to minimize penalties or avoid conviction entirely. Do not hesitate to exercise your rights and explore all possible defenses.

Other Pennsylvania Drug Laws

Beyond paraphernalia laws, Pennsylvania also prohibits the possession, sale, manufacture and trafficking of various controlled substances. Some key drug laws include:

• Marijuana Possession – Possession of a small amount (under 30 grams) is a misdemeanor with up to 30 days in jail and a $500 fine[6].
• Cocaine, Heroin and Other Hard Drugs – Possession is a misdemeanor but sentences depend on the substance and amount. Trafficking or selling hard drugs often carries felony charges.
• Prescription Drugs – It is illegal to obtain prescription medications by fraud, forgery or deception. Penalties vary based on the drug and circumstances.
• Drug Trafficking – Bringing illegal drugs into Pennsylvania for distribution and sale can result in stiff felony charges.

Those found guilty of drug possession in Pennsylvania face driver’s license suspensions, fines, and jail time depending on the substance and circumstances involved.

Finding Help for Drug Abuse

Being charged with a drug crime may indicate an underlying issue with substance abuse. But there are resources available to help in Pennsylvania:

• The Pennsylvania Department of Drug and Alcohol Programs provides information on treatment options.
• PA Stop offers referrals to free and low-cost treatment centers across the state.
• The PA Get Help Now hotline connects people with treatment resources 24/7.

Fighting addiction is a long process, but overcoming substance abuse is possible. If drugs have caused legal issues for you or a loved one, know that help is out there.

Conclusion

Being charged with possession of drug paraphernalia can have serious legal consequences. But working with an experienced criminal defense attorney provides the best chance at a favorable outcome. If you or a loved one is facing drug paraphernalia charges in Pennsylvania, do not hesitate to exercise your rights and explore all possible defenses.

References

[1] https://www.arjalaw.com/criminal-defense/drug-offenses/possession-of-drug-paraphernalia/
[2] https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?act=0064.&sessInd=0&smthLwInd=0&txtType=HTM&yr=1972
[3] https://www.lampmanlaw.com/drug/possession-of-drug-paraphernalia.html
[4] https://www.mystatecollegelawyer.com/drug-crimes/possession-of-drug-paraphernalia/
[5] https://www.pittsburghcriminalattorney.com/marijuana-crimes/use-and-possession-of-drug-paraphernalia/