Legal Definitions - drug paraphernalia

In legal terms, drug paraphernalia refers to any item that is either:

• Used in connection with a controlled substance.
• Intended for use with a controlled substance.
• Designed for use with a controlled substance.

Possession of such items is typically a criminal offense, even if no controlled substance is present at the time of discovery. The determination often depends on the item's characteristics, the context in which it's found, and any residue or markings it may bear.

Examples:

• Example 1: During a traffic stop, an officer discovers a small, metal grinder containing traces of cannabis residue in the center console of a car. Next to it is a small, empty plastic baggie. Even if no actual cannabis is found, the grinder, due to the residue, is considered drug paraphernalia because it has been used with a controlled substance.

• Example 2: Police execute a search warrant at an apartment and find several brand-new, unused syringes, a digital scale, and numerous small, empty plastic baggies neatly arranged on a table, alongside a significant quantity of a controlled substance. Although the syringes, scale, and baggies themselves are not inherently illegal, their presence together with the drugs strongly suggests they are intended for use in preparing, weighing, and distributing the controlled substance, thus classifying them as drug paraphernalia.

• Example 3: An individual is stopped by security at an airport after a specialized glass water pipe, commonly known as a "bong," is detected in their carry-on luggage. Even if the pipe is completely clean, unused, and has no residue, its specific design and construction are clearly for the purpose of consuming controlled substances. Therefore, it is considered drug paraphernalia because it is designed for use with a controlled substance.