The possession of an unlawful substance can result in drug charges. Nonetheless, an individual may also be charged with wrongdoing if they are found in possession of drug paraphernalia.
According to the Revised Statutes of Missouri, RSMo Section 579.074, drug paraphernalia includes items used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body, a controlled substance or an imitation controlled substance.
What are some of the more common examples of drug paraphernalia?
While state legislation provides a description of drug paraphernalia, there is no definitive definition. Identifying drug paraphernalia can be tricky for law enforcement because they must prove that items were used for the purpose of cultivating, storing or using illicit substances. Most items have multiple uses that can be both lawful and unlawful.
Some of the most common items that can be considered as drug paraphernalia include:
- Test tubes
- Syringes
- Handheld mirrors
- Lighters
- Metal spoons
- Tin foil
- Credit cards
- Razor blades
- Rolled up money
As you may have noticed, none of these items are actually illegal in and of themselves. For charges to stand, law enforcement must show that the items were used for the purpose of cultivating, storing or taking illicit substances. The law on drug paraphernalia is relatively subjective and context is crucial. A conviction for possessing drug paraphernalia can result in severe penalties, such as fines and significant jail time.
If you are facing charges of this nature, remember that it is on the prosecution to show beyond all reasonable doubt that items in your possession were used for unlawful purposes. By seeking legal guidance as soon as possible, you will be able to come up with the best possible defense strategy.
