Possession of Drug Paraphernalia

Consequences of a Possession of Paraphernalia Charge

Possession of drug paraphernalia may seem like a minor offense, but it can carry serious penalties. In Utah, such a charge can carry many of the same consequences of actual drug possession.

Drug paraphernalia possesion charges in Utah
Consequences of a Possession of Paraphernalia Charge

In Utah, possessing a pipe, bong, rolling papers, baggies, straws, glassware, roach clip or any equipment, product, or material that is modified for making, using, or concealing drugs can be charged as possession of drug paraphernalia. A conviction for drug paraphernalia can carry many of the same consequences of actual drug possession.

A conviction for possession of drug paraphernalia may seem like a minor offense, but it can carry serious penalties that make it worth your while to defend yourself against the charges. Some people think it’s easier to pay the fine and move on. It is ALWAYS best to get the advice of a competent attorney before pleading guilty to any charge.

In addition to possible jail time, anyone convicted of a drug paraphernalia may face:

An arrest for possession of drug paraphernalia is more serious than it may appear at first glance. Anyone unlucky enough to be facing such a conviction needs to treat it as a serious criminal charge.

Types of Possession Offenses

Most often, possession of paraphernalia is a misdemeanor. If you are charged with nothing more than possession, you may face a Class B misdemeanor, which carries a maximum sentence of up to 6 months in jail and a fine of up to $1,000. However, the sale of drug paraphernalia is a Class A misdemeanor with a maximum sentence of up to 1 year in jail and a fine of up to $2,500.

You could be charged with a third-degree felony if you are alleged to have sold drug paraphernalia to a minor under 18 years of age (provided you are at least three years old than the recipient). This carries a maximum sentence of up to 5 years in prison and a fine of up to $2,500. You can face such a conviction even if this is a first-time paraphernalia charge.

Often, a possession of paraphernalia charge is attached to another drug crime. For instance, you may face charges of alleged illegal possession of marijuana, cocaine, methamphetamines, or another drug. This comes with other, more serious, charges.

What Counts As Drug Paraphernalia?

Any equipment, product, or material that is modified for making, using, or concealing drugs can lead to a possession of paraphernalia charge. Among other things, these include:

    Pipes
    Bongs
    Rolling papers
    Baggies
    Straws
    Glassware
    Roach clips
    Hypodermic needles
    Pieces of tin foil

To convict you of the charge, the prosecutor must prove beyond all reasonable doubt that you knowingly used (or intended to use) the drug paraphernalia to take or handle a controlled substance.

Why You Need Defense Against Drug Paraphernalia Charges

It’s worth your while seeking defense against drug paraphernalia charges. Some people think it’s easier to face the consequences and move on. However, a possession of paraphernalia charge will impact your life in many ways, even if you don’t see jail time. A criminal record could make it more difficult for you to find a job, apply for scholarships, or join the military.

For this reason, it’s always best to get the advice of a competent attorney before pleading guilty, whatever the charge.

Finding the Right Defense Attorney In Utah

If you’ve been charged with possession of drug paraphernalia, you need to hire an experienced, trained criminal defense lawyer. Schatz, Anderson & Associates, LLC, is a Utah-based criminal defense law firm that has successfully handled thousands of criminal cases. We have represented defendants throughout Utah, including Salt Lake City, Provo, Ogden, Logan, and St. George.

Many of our attorneys have attended Advanced Roadside Impaired Driving Enforcement (ARIDE), a course that police officers take. This makes our attorneys certified field sobriety test instructors. With more than 40 years’ combined experience, our attorneys are highly qualified. They can offer protective advocacy on behalf of anyone who is facing drug possession charges.
We believe in truly defending our clients—which means fighting for dismissals and not-guilty verdicts at trial. In some cases, a plea agreement may be in our client’s best interests, especially if our client is eligible for diversion into one of Utah’s drug court programs.

We always consult with our clients at the beginning of their cases and at every stage as we proceed. We make sure our clients understand our strategy of defense, as well as their different legal options every step of the way.
If you’ve been caught with drug paraphernalia, the sooner you act, the better. Receive a consultation today.

Hire an Experienced, Trained Utah Criminal Defense Law Firm

Schatz, Anderson & Associates, LLC, is a Utah criminal defense law firm that has successfully handled thousands of criminal cases on behalf of defendants throughout Utah, including Salt Lake City, Provo and Ogden. Many of our attorneys have attended the Advanced Roadside Impaired Driving Enforcement (ARIDE) course that officer’s take and are certified field sobriety test instructors. With more than 40 years’ combined experience to offer, our attorneys are highly qualified to offer protective advocacy on behalf of our clients who face drug possession charges.

We believe in truly defending our clients—which means fighting for dismissals and not-guilty verdicts at trial. In some cases, a plea agreement may be in our client’s best interests, especially if our client is eligible for diversion into one of Utah’s drug court programs.

We will always consult with our clients at the beginning of their case and at every stage as we proceed. We make sure our clients understand our strategy of defense, as well as their different legal options every step of the way.

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