How to get Drug Paraphernalia Charges Dropped
On this Page:
- What is Drug Paraphernalia?
- Penalties for Drug Paraphernalia
- Can You Be Charged With Drug Paraphernalia Without Possessing Drugs?
- Contact Us
What Is Drug Paraphernalia?
Under Pennsylvania law, drug paraphernalia includes any equipment or materials used to grow, manufacture, store, conceal, or consume illegal drugs. In Pittsburgh and throughout the state, common examples include bongs, glass pipes, rolling papers, miniature spoons, roach clips, needles, syringes, plastic baggies, scales, and small containers or pouches used to hold drug residue or related items.
Federal law further expands this definition, describing drug paraphernalia as “any equipment, product, or material of any kind primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.” This broad language means you can face charges even when no actual drugs are found.
Penalties For Possessing Drug Paraphernalia
Drug paraphernalia charges in Pittsburgh are taken seriously and often carry penalties similar to drug possession offenses. Convictions can have long-lasting consequences on your criminal record, employment opportunities, and future prospects.
Standard Penalties for Drug Paraphernalia Charges
If convicted of a first-time drug paraphernalia offense in Pennsylvania, an individual may face:
- A misdemeanor charge on a permanent criminal record
- A year in jail
- Up to $2,500 in fines
Enhanced Penalties for Prior Offenses or Aggravating Factors
Penalties increase for individuals with prior drug-related convictions or for those who sell or provide drug paraphernalia to minors or anyone three or more years younger than the offender. These charges can result in:
- A second-degree misdemeanor
- Up to two years in jail
- Fines and court fees up to $5,000
Collateral Consequences of a Drug Paraphernalia Conviction
A drug paraphernalia conviction can also impact your life beyond the courtroom:
- Commercial Driver’s License (CDL) Restrictions: You may be prohibited from obtaining a CDL or have an existing CDL revoked, which can severely affect your career.
- Employment Limitations: Certain jobs and professional licenses may be inaccessible, making it harder to achieve your career and personal goals.
- Long-Term Impact: A criminal record can affect housing, education, and other opportunities for years to come.
Can You Be Charged With Drug Paraphernalia Without Possessing Drugs?
Yes. In Pennsylvania, you can be charged with drug paraphernalia even if you do not have any illegal substances on your person. Items such as pipes, syringes, bongs, or small containers used to hold drugs can lead to charges if they fall under the state’s drug paraphernalia guidelines.
Law enforcement does not need to find actual drugs to press charges; reasonable suspicion is sufficient for prosecution. Officers may consider factors like odor, residue, or evidence that the item has been used to ingest, smoke, or inject drugs. These laws are intended to deter individuals from selling, distributing, or using illegal substances, meaning possession of certain items alone can carry serious criminal consequences.
Contact An Experienced Drug Paraphernalia Lawyer Near You In Pittsburgh
A lengthy jail sentence and significant fines can accompany a drug paraphernalia charge if not handled swiftly and seriously. Alone, a charged individual will have a difficult time navigating the court system and advocating for themselves in court without legal knowledge. That is why it is so important to have an experienced drug crimes lawyer by your side throughout the whole process.
At Worgul, Sarna & Ness Criminal Defense Attorneys, LLC, our dedicated team of attorneys will answer all of these questions and more. To learn more about how we can fight for your rights and help you navigate the complex legal system in Pittsburgh, call us today at 412-388-9721 for a free consultation.