VincentOnE
Bluelighter
Can the chewed- to - hell teething rings I have be counted as drug paraphernalia?
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MDMA &
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Can the chewed- to - hell teething rings I have be counted as drug paraphernalia?
- Thread starter VincentOnE
- Start date
VincentOnE
Bluelighter
bump
rincewindrocks
Bluelighter
no way to tell dude, depends on local laws/how crazy your police and prosecutors are
I know pacifiers can be considered paraphanelia in some states
I know pacifiers can be considered paraphanelia in some states
not at all :D
Just grabbed this from one legal site - the information below is for reference only and may not cover every item classed as paraphernalia.
Drug paraphernalia is equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, concealing, containing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.
The following is an example of a federal law dealing with drug paraphernalia:
The term ''drug paraphernalia'' means any equipment, product, or material of any kind which is 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, possession of which is unlawful under this subchapter. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, PCP, or amphetamines into the human body, such as :
1. metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
2. water pipes
3. carburetion tubes and devices
4. smoking and carburetion masks
5. roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand
6. miniature spoons with level capacities of one-tenth cubic centimeter or less
7. chamber pipes
8. carburetor pipes
9. electric pipes
10. air-driven pipes
11. chillums
12. bongs
13. ice pipes or chillers
14. wired cigarette papers; or
15. cocaine freebase kits
Matters considered in determination of what constitutes drug paraphernalia:
In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:
1. instructions, oral or written, provided with the item concerning its use
2. descriptive materials accompanying the item which explain or depict its use
3. national and local advertising concerning its use
4. the manner in which the item is displayed for sale
5. whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products
6. direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise
7. the existence and scope of legitimate uses of the item in the community; and
8. expert testimony concerning its use
Just grabbed this from one legal site - the information below is for reference only and may not cover every item classed as paraphernalia.
Drug paraphernalia is equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, concealing, containing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.
The following is an example of a federal law dealing with drug paraphernalia:
The term ''drug paraphernalia'' means any equipment, product, or material of any kind which is 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, possession of which is unlawful under this subchapter. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, PCP, or amphetamines into the human body, such as :
1. metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
2. water pipes
3. carburetion tubes and devices
4. smoking and carburetion masks
5. roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand
6. miniature spoons with level capacities of one-tenth cubic centimeter or less
7. chamber pipes
8. carburetor pipes
9. electric pipes
10. air-driven pipes
11. chillums
12. bongs
13. ice pipes or chillers
14. wired cigarette papers; or
15. cocaine freebase kits
Matters considered in determination of what constitutes drug paraphernalia:
In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:
1. instructions, oral or written, provided with the item concerning its use
2. descriptive materials accompanying the item which explain or depict its use
3. national and local advertising concerning its use
4. the manner in which the item is displayed for sale
5. whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products
6. direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise
7. the existence and scope of legitimate uses of the item in the community; and
8. expert testimony concerning its use
VincentOnE
Bluelighter
Howabout my reagent kits?
Captain.Heroin
Bluelight Crew
Blazif07
Bluelighter
For the record.... Teething rings are fucking awesome
trainwreckmolly
Bluelighter
i'm pretty sure there has to be some form of illegal drug resin on something to count as paraphernalia.
They are a tool to practice organic chemistry nothing more or less - it would be pretty hard for a leo to prove your intentions were to test drugs with the kit.
Theres a pretty nifty pdf file that shows the reactions to a lot of household substances like sugar, asprins, 5htp etc.
Theres a pretty nifty pdf file that shows the reactions to a lot of household substances like sugar, asprins, 5htp etc.
VincentOnE
Bluelighter
I'd really like some background on this.
Because whatever site I bought them from, says they could possibly be counted as paraphernalia.
I also know that you live half way across the god-damn world you know,
so maybe US/California laws are a little different, no dis respect
---
edit
Oh and, that PDF does't load :[
I hella wanted to see.
Blazif07
Bluelighter
^^^ Sounded a bit disrespectful.... and kinda tactless. Anywho:
Each of those reagents in a testing kit are legal to own and posess. A cop trying to bust you for having them makes about as much sense as a cop trying to bust you for having a bottle of nail polish remover (acetone: which can be used to wash crystalline (mdma, meth, ect) substances after synthesis).
HOWEVER.... From scanning over what has been posted regarding paraphenalia laws: it would seem to me that if you had instructions with the chemicals that specifically mentioned testing drugs in them.... THEN it could be counted as paraphenalia.
In order for that charge to stick, an officer is gonna have to be able to prove what your intent with the item in question is. So, just having the testing kit reagents shouldn't be enough to stick you with paraphenalia. But if you got busted with say, the kit and some pills, or the kit and a set of instructions specifically talking about testing drugs... Then you'd probably get in some trouble.
Make sense?
If not: think about it this way -- You have a pack of rolling papers. That's a-ok. Not a crime at all. Unless you get caught with some weed AND the papers... Well then you have possession AND paraphenalia
Each of those reagents in a testing kit are legal to own and posess. A cop trying to bust you for having them makes about as much sense as a cop trying to bust you for having a bottle of nail polish remover (acetone: which can be used to wash crystalline (mdma, meth, ect) substances after synthesis).
HOWEVER.... From scanning over what has been posted regarding paraphenalia laws: it would seem to me that if you had instructions with the chemicals that specifically mentioned testing drugs in them.... THEN it could be counted as paraphenalia.
In order for that charge to stick, an officer is gonna have to be able to prove what your intent with the item in question is. So, just having the testing kit reagents shouldn't be enough to stick you with paraphenalia. But if you got busted with say, the kit and some pills, or the kit and a set of instructions specifically talking about testing drugs... Then you'd probably get in some trouble.
Make sense?
If not: think about it this way -- You have a pack of rolling papers. That's a-ok. Not a crime at all. Unless you get caught with some weed AND the papers... Well then you have possession AND paraphenalia
Jonesum
Greenlighter
No.
Not in all cases. I was caught with pills and tried to pull that card when they found my test kit......
Blazif07
Bluelighter
That's exactly the point I was trying to make a few posts up.
A test kit BY ITSELF is NOT paraphenalia.
A test kit found with drugs IS then able to be considered paraphenalia.