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Possession of Drug Paraphernalia

Individuals who are unaware of the laws regarding drug paraphernalia are often shocked when they are arrested and charged with its possession. This common offense can result from being in possession of simple household objects like spoons or plastic bags. If a law enforcement official has reason to believe that the object is being used or is intended to be used in conjunction with narcotics, he or she may charge you with a crime.

In some cases, police officers will find drugs and mistake a random object for drug paraphernalia, resulting in an added charge. An experienced drug defense lawyer will fight for your future and favorable outcomes such as case dismissal, pretrial diversion programs, and not guilty verdicts.

Philadelphia Defense Lawyer for Possession of Drug Paraphernalia

The attorneys at Alva Foster & Moscow, LLC provide valuable legal representation to individuals who have been charged with misdemeanor and felony offenses. Our dedicated legal team will review the evidence carefully and construct a detailed defense.

We represent those accused of drug crimes in Philadelphia and the surrounding region, including Bucks County, Delaware County, Montgomery County, and Chester County, as well as in New Jersey. Call us today at (215) 665-1695 to schedule an informative consultation.

Overview on Possession of Drug Paraphernalia in Pennsylvania

What is Considered Drug Paraphernalia?

Any object or equipment that is used or intended to be used in conjunction with illegal drugs can be considered drug paraphernalia. This includes objects that are used for:

  • Storing
  • Injecting
  • Packaging
  • Containing
  • Mixing
  • Inhaling
  • Growing
  • Manufacturing
  • Testing
  • Otherwise producing or using illegal controlled substances.

Objects that are commonly used for the purposes mentioned above include plastic bags, bongs, scales, needles, pipes, spoons, plastic wrap, syringes, and other easily accessible items.

Types of Possession

Under Pennsylvania law, there are two different ways an individual can be in possession of drug paraphernalia.  If an individual is found with drug paraphernalia in their pocket, backpack, purse, hand, or otherwise on their body, he or she is considered to be in “actual possession.”

If drug paraphernalia is found within close proximity to an individual, and he or she is aware of the objects presence, and has the ability and intent to possess it, he or she can be considered to be in “constructive possession.”

Commonly Used Drugs in Philadelphia

Individuals charged with possession of drug paraphernalia are also commonly accused of being in possession of the following drugs:

  • Marijuana
  • Acid
  • Heroin
  • Opium
  • Amphetamines
  • Mushrooms
  • Meth
  • Hydrocodone
  • Codeine
  • PCP

If an alleged offender is found in possession of drug paraphernalia, along with illegal drugs, he or she can face two different charges.

Penalties for Possession of Drug Paraphernalia

If an individual is charged with possession of drug paraphernalia, he or she can be sentenced to up to a year in prison, and/or be ordered to pay up to a $2,500 fine. These penalties can be enhanced if the alleged offender provided drug paraphernalia to a minor. Under these circumstances, he or she can face up to two years in prison, and/or a fine of up to $5,000.

Defending Clients Charged with Possession of Drug Paraphernalia in Philadelphia

Alva Foster & Moscow, LLC serves clients in and around Philadelphia, Delaware County, Montgomery County, and Chester County who are facing drug paraphernalia charges, or any other drug related offense. When you hire an attorney from Alva Foster & Moscow, LLC, you are hiring an attorney who fill work around the clock to prove your innocence. Contact us today at (215) 665-1695 so that we can get started preparing your defense.