Paraphernalia

NikkiNumberNine

NikkiNumberNine

Bluelighter
Joined
Jun 18, 2006
Messages
505
So, whats the deal with getting in trouble for having JUST paraphernalia, no actual drugs? I did a search and everything I found was about needles, and I don't mean needles cuz I don't shoot anything.

See, I have a rule that I never ever store drugs in my professional space. (I own a small business.) But... I do have a small mirror, and some razor blades, and some straws tucked in the back of a desk drawer.

I have a scrip for Adderall, and I do sometimes rail that, and as long as you have a scrip for the stuff you can injest it anyway you like, right? So I could truthfully say that's what that stuff is for.

I hear of people getting busted for paraphernalia but I don't know exactly what you have to have to get in trouble.

I'm in the US, by the way - WA state.
 
Don't quote me on this because I'm not 100% positive, but I believe you can still get in trouble with the law for "abusing" prescription drugs if you're snorting your Adderall, since abusing technically means you're not following the doctor's orders as far as either how much or in what way you're taking the meds.

But this brings up a question that I have as well - pipes, bongs, vaporizers, and so on are obviously paraphenalia...but a mirror, razor blades, and straws...I'm sure a good excuse could be made up about those. What girl doesn't keep a mirror handy? And straws, even cut up ones don't give away the fact that someones doing drugs. Not sure how you'd explain the razor blades, but I am also curious about that as well.
 
I would think it would be fine to have the things that you have, but I don't trust the police so why take a chance? You may just be unlucky someday.
 
Paraphernalia is defined as anything used for or to aid the consumption of illegal drugs or to abuse legal medications illegally.

Technically, a soda can can get you a paraphernalia charge. So can a spoon, a lighter, cigarette ashes, a belt, anything. If it is used to consume drugs, it can be considered drug paraphernalia.

Now obviously, you aren't going to get charged for every coke can you have. Even if you have a syringe they may not charge you. But if you have a syringe, and a bent spoon together, or a can with holes in it and a filter, maybe you're looking at a charge. It's really all up to a cops judgement, and if it's obvious then you'll probably get the charge.

To avoid this, you should use paraphernalia that isn't obvious. Maybe dollar bills to snort with, don't keep a mirror but just snort off a desktop. Whatever.

It's not like cops just randomly search places for paraphernalia. They have to have probable cause and all that just like with anything else. But usually, if you have 'equipment' and drugs together, you are getting a paraphernalia charge.
 
NikkiNumberNine said:
I have a scrip for Adderall, and I do sometimes rail that, and as long as you have a scrip for the stuff you can injest it anyway you like, right? So I could truthfully say that's what that stuff is for.

I hear of people getting busted for paraphernalia but I don't know exactly what you have to have to get in trouble.
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there has been some back-and-forth regarding the use of a legally prescribed medication in an unauthorized manner. adderall is intended to be taking orally, so technically, insufflating is an unauthorized route of administration. however, i haven't been able to find any examples of someone being arrested and charged for this.

as for paraphernalia, this can be a tricky area too. it appears that most state laws do not require residue. rather the law turns on what a particular item was used for or what it was intended to be used for. so an unused razor blade together with an unused mirror and a bag of cocaine could certainly bring about a paraphernalia charge.
 
From my experience, in dealing with various 'illegal' items, the best route is to answer a cops questions without answering it.

"why do you have these razors and mirror on you"
"i always carry these things with me"
"yea but why"
"it's kind of like my wallet, i always carry them with me."
"but what do you use them for"
"they come in handy in random situations, i'm running a little late, am I free to go officer?"
"well we've gotten a report that someone was using illegal drugs in this area"
"sorry, but i'm not the one you're looking for."

and so on....just be polite, and respectful.

just don't give let them bait you, that is mainly what everything they ask is designed to do. if a cops asks me why i have a marker in my possesion, to say "to write stuff with" would be the stupidest thing to say, even tho it's obvious what a marker is for.


a pipe coated with resin is a different story, i find it varies from cop to cop what they'll do. I've experienced anything from "well you should have this, but i can't do much if you aren't holding anything else illegal" to having a cop smash a friends pipe right in front of us.
 
Thanks for the tips, ya'll I'll be more careful about how I store my stuff.

And fuck me, I didn't know it was even possible to get into trouble for an doing "an unauthorized route of administration" with a drug you were legally prescribed. Motherfucker, you'd think I'd have figured out by now that I actually don't live in a free country, but every now and then I still get surprised.
 
NikkiNumberNine said:
And fuck me, I didn't know it was even possible to get into trouble for an doing "an unauthorized route of administration" with a drug you were legally prescribed.
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To be clear, I don't know this for certain. Also keep in that most drug prosecutions are done under state law, so how a court treats this type of situation may vary. It is common though to get a paraphernalia charge when caught with an illegal drug and tools that could be used to consume it.
 
If you have any used paraphenalia, they'll likely test it and if it shows positive for any illegal or otherwise controlled substance, you'll be charged with possession of that substance. Even one molecule of it is illega.
 
^ Yes that's something to be careful of. They often test 'stuff' to see if it has any residue on it, so always use clean stuff. Throw away rigs after one use, routinely clean paraphernalia.

Try to use disposable paraphernalia.
 
Ham-milton said:
If you have any used paraphenalia, they'll likely test it and if it shows positive for any illegal or otherwise controlled substance, you'll be charged with possession of that substance. Even one molecule of it is illega.
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it sometimes needs to be a usable amount in order to charge for possession.
 
Well, I got rid of the mirror and put the razor blades in a drawer on the other side of the office. I have taken to rolling up sheets of this nice heavy note paper I have to snort with. I like straws better, but I can unroll this and throw it away. I suppose if they fished it out and tested it it would have molecules on it but it's just a piece of crumpled paper.
But I am still pissed to think that I could possibly get in trouble for snorting my legal Adderall. That just chaps my ass.
 
^ I don't think so.

I've heard paraphernalia charges occur many times from used syringes for heroin and meth, bills with coke residue on them, bowls with pot residue.

I've even heard of someone getting charged because the ashes in their cigarette tray tested positive for marijuana. How they figured to test it is beyond me, that person was pretty dumb...
 
^^^^ Bills with coke residue? That would be just about every bill in Amerika...

I'm assuming you're talking visible residue and not just trace, though. :D
 
Well, snorting coke is what I'm talking about. I don't shoot, so no needles, and no pot residue because I don't smoke pot. So as long as I don't leave baggies around...
Yeah, the coke-stained bill thing has been shot down in court a couple of times, I'm guessing DA's have figured out it's not gonna work. Thank god.
 
I am learning much more about DP laws than I has ever hoped to. I have a state med license and a DEA license and have been charged with possession of DP (a syringe) after calling for medical assistance after sticking myself with a needle (purposefully) even though that no drugs were involved. The needles were obtained legitimately, but according to the police, the fact that I used a needle to inject saline into my arm makes it a DP charge.

My attorney hopes that we can make this go away, but I do expect to have my license affected in some way, despite that fact that their were no drugs involved.
 
TheodoreRoosevelt said:
^ Yes that's something to be careful of. They often test 'stuff' to see if it has any residue on it, so always use clean stuff. Throw away rigs after one use, routinely clean paraphernalia.

Try to use disposable paraphernalia.
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If you all recall, Tommy Chong was arrested convicted and served some time for paraphenalia charges for manufacturing smoking devices. The evidence was new unused so I don't think residue need be present to charge you in the US.
Obviously he was the product of a witch hunt but it goes to show you if you have something they want such as info or money there are lots of differing charges that could be used against you inclusive of claiming that box of baggies in your pantry are paraphenalia
 
Federal paraphernalia laws clearly identify bongs as paraphernalia, but when is a bong a bong? I know, sounds silly but it gets back to intent.
 
as long as someone dosent see you using them for illegal drugs you're in the clear. if a cop asks you what certain paraphernalia is for just say what they're for normally.

bong-for smoking tobacco
mirror-for looking at your face
razor-for cutting things
straws-for drinking

and say it with a "8)" attitude
 
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