Often, when you face a drug charge, you also have a drug paraphernalia charge added on. Even if you did not have any drugs on you, an officer could arrest you for possession of drug paraphernalia.
This charge can be confusing if you do not understand what paraphernalia means. According to FindLaw, drug paraphernalia refers to any type of object related to drugs and drug use.
Intended use
While there are many things that could fall under the description of drug-related object, the law specifically looks at items with a design for use with drugs. Also, an object marketed or sold as a drug-related product is also paraphernalia. In short, if the intention of the object is to use it for drugs, an officer can legally assume that is its intended use.
Additional types of paraphernalia
Paraphernalia does not just mean tools or objects you would use to ingest drugs. It also includes anything that enhances the effect of a drug or something used to prepare the drug. It can be an object used to hide drugs or to simply hold a drug.
Knowledge requirement
To get a paraphernalia charge, you need to understand that the object is for drug use. Under the law, this means a reasonable person would be aware the object is for using drugs or is drug-related. The prosecutor does not have to prove you actually knew the use of the object.
Drug paraphernalia can be almost any item that has a design to use with drugs or has some relationship to drug use or maintenance.
