PC §603 - POSSESSION OF DRUG PARAPHERNALIA

CLASS F FELONY

(a) Definition

Possession of drug paraphernalia is the act of knowingly and intentionally possessing, using, or storing equipment, products, or materials intended for the manufacture, consumption, preparation, or ingestion of controlled substances, with the intent to use them unlawfully.

Types of Incitement

Drug paraphernalia may include, but is not limited to, the following:

1. Pipes, bongs, or other smoking devices used for inhaling or ingesting controlled substances.

2. Needles, syringes, or other injection devices used for administering controlled substances.

3. Scales, balances, or measuring devices used for weighing or measuring controlled substances.

4. Containers, bags, or packaging materials used for storing or transporting controlled substances.

5. Kits or equipment used for manufacturing or processing controlled substances.

(b) Elements of the Offense

The following elements must be met to constitute possession of drug paraphernalia:

1. The defendant knowingly and intentionally possessed, used, or stored equipment, products, or materials.

2. The equipment, products, or materials were intended for the manufacture, consumption, preparation, or ingestion of controlled substances.

3. The defendant acted willfully and knowingly with the intent to use the paraphernalia unlawfully.

(c) Defenses

• (a) It shall be a defense to a charge of possession of drug paraphernalia if the defendant can prove that the equipment, products, or materials were not intended for the manufacture, consumption, preparation, or ingestion of controlled substances, or if they can demonstrate that they were coerced, misled, or otherwise not acting of their own free will.

• (b) Lack of evidence linking the defendant to the drug paraphernalia, lack of intent to use the paraphernalia unlawfully, or coercion or duress at the time of possession may also serve as defenses if proven by the defendant.

(d) Aggravating Factors

Aggravating factors such as possession of large quantities of drug paraphernalia, possession of paraphernalia in proximity to controlled substances, or prior convictions for drug-related offenses may result in enhanced penalties or additional charges as determined by the court.

Penalties

Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

JAIL TIME

120 SECONDS OF JAIL TIME.

BOND SET

$100,000.00