Possession of Drug Paraphernalia, 35 P.S. § 780-113(a)(32)
It is a misdemeanor offense to possession drug paraphernalia in Pennsylvania. What is “drug paraphernalia”? Pennsylvania’s Controlled Substance Act defines drug paraphernalia as:
“All equipment, products and materials of any kind which are used, intended for use or designed for use” in manufacturing, packaging, storing, concealing, injecting, ingesting, inhaling, or otherwise introducing a controlled substance into the human body. (35 P.S. § 780-102).
Common Examples of Drug Paraphernalia
Because the definition is so broad, almost any object associated with illegal drug use can qualify as drug paraphernalia. Items frequently charged as drug paraphernalia include:
- Pipes
- Bongs
- Vaporizers
- Grinders
- Rolling papers
- Syringes
- Digital scales
- Plastic baggies
- Containers with drug residue
Many of these items are perfectly legal to own. However, they may become illegal if prosecutors can prove they were used or intended to be used with illegal drugs.
How Do Police Determine Whether an Item Is Drug Paraphernalia?
When deciding whether an item qualifies as drug paraphernalia, courts may consider several factors, including:
- Statements made by the owner
- Prior drug-related convictions
- Whether controlled substances were found nearby
- The presence of drug residue
- How the item was being used
- The surrounding circumstances
For example, a digital scale or plastic sandwich bag is legal to possess. However, if police discover marijuana residue on the scale or inside the baggie, they may charge Possession of Drug Paraphernalia. Similarly, an ordinary plastic bottle may become evidence of drug paraphernalia if it has been modified into a homemade bong or contains drug residue. In many cases, police send suspected drugs or residue to a Pennsylvania State Police forensic laboratory for testing before filing charges.
Can You Be Charged If No Drugs Are Found?
Yes. Police sometimes file drug paraphernalia charges even when laboratory testing does not confirm the presence of a controlled substance. These cases often present strong defense opportunities. At JD Law, we have successfully challenged drug paraphernalia charges by filing pretrial motions arguing that the Commonwealth cannot prove an item was actually used with illegal drugs. When no drugs, drug residue, or other supporting evidence exists, the prosecution may have difficulty proving the charge beyond a reasonable doubt.
Call JD Law Today for Your Free Consultation
Every case is different, but a careful review of the evidence may reveal grounds for dismissal or reduction of the charges. For a free consultation regarding pending Penn State drug possession and drug paraphernalia charges, contact an experienced State College criminal defense lawyer by calling (814) 689-9139 or by emailing us. Email is best because I can read and often respond while in court.