According to Chapter 481 of the Texas Controlled Substances Act, a huge variety of items may be considered drug paraphernalia. metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; roach clips: meaning objects used to hold burning material, such as a. miniature spoons with level capacities of one-tenth cubic centimeter or less; instructions, oral or written, provided with the item concerning its use; descriptive materials accompanying the item which explain or depict its use; national and local advertising concerning its use; the manner in which the item is displayed for sale; direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise; the existence and scope of legitimate uses of the item in the community; and. It can help to recognize the various types of drug paraphernalia – items and objects that are used to support or enable drug use – that can make a loved one’s drug use more apparent. What Is Drug Paraphernalia? As you can see, there is a huge world of things that can legally count as the crime of drug paraphernalia. The text of section 857(b) to (f) of this title, which was transferred to subsecs. (f) of section 857 of this title as subsec. Police may check for drug residue, and if it's clear that a pipe, bong, hookah or other item was used for smoking illegal substances, a person may face drug paraphernalia charges. You may find these items in your child’s bedroom, car or backpack. Updated February 15, 2021. However, the Controlled Substances Act (CSA) has a very broad definition of what is drug paraphernalia, for situations like vape pens becoming popular with drug users. L. 101–647, § 2401(c)(2), made technical amendment to reference to “This section” to correct reference to corresponding provision of original act. Simple possession of paraphernalia is not a federal crime. Any instrument or item used in close connection with illegal drugs can be considered paraphernalia. Syringes are used to inject drugs. Get the information and legal answers you are seeking by calling (888) 983-6919 today. Drug paraphernalia charges are either a class A misdemeanor or a class D felony depending on what substance they were/are being used for. With the growth of the Internet, drug paraphernalia sellers have greatly expanded their sales to a worldwide market. Paraphernalia generally falls into two categories: user-specific products and dealer-specific products. A critical part of understanding teen drug use is awareness about drug paraphernalia—the items kids use to hide or consume drugs. See Codification note above. What is Drug Paraphernalia? Disposable syringes are also used for legal drugs, … Drug paraphernalia can include common household items when there is evidence that can link them to the use of controlled substances, such as a compact mirror or razor blade employed in the use of cocaine. See Codification note above. In the US, enterprising individuals would sell items openly in the street, until anti-paraphernalia laws in the 1980s eventually ended the practice. In determining whether a spoon is just a spoon, or drug paraphernalia, a court considers all logically relevant factors, including: As used in this section, the term “ drug paraphernalia ” means all 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, … The definition of drug paraphernalia, as prescribed in Conn. Gen. Stat. A person may be convicted of the crime of possession of drug paraphernalia if the prosecution proves that the person used or possessed with the intent to use drug paraphernalia in order to: Hoffman Estates v. The Flipside, Hoffman Estates, Inc. Actor Tommy Chong Sentenced To prison on Drug Paraphernalia Charges, "If Drug Paraphernalia is Illegal, how do Head Shops Legally Operate? L. 99–570, title I, § 1822(b)–(f), Oct. 27, 1986, 100 Stat. Syringe. In the 1982 case Hoffman Estates v. The Flipside, Hoffman Estates, Inc., the US Supreme Court found a municipal ordinance requiring licensing for paraphernalia sales to have sufficiently distinguished marketing for illegal use to be constitutional. While United States federal statute defines paraphernalia with the concept of primary use, in practice this can be interpreted to be what the individual was currently primarily using the item for, allowing for common items to be treated as paraphernalia only in cases where more clear evidence allows such determination of primary use.