Being found in possession of drug paraphernalia can result in serious charges in Nevada. Though it is only a misdemeanor, the conviction can result in major penalties, as well as permanently mark your record. A second or third offense could bring about even more serious consequences, including jail time, fines, and more.
Nevada law defines drug paraphernalia as any object that helps a person use illegal substances / drugs. This can include any equipment, materials, or products that are intended to be used for drug use, cultivation, storage, transportation, or more.
The following are common examples of drug paraphernalia:
Again, this list is not exhaustive. It merely provides a list of common drug paraphernalia. Ultimately, the intent of the person in possession of the object is what will determine whether or not it is considered paraphernalia.
If you are found using drug paraphernalia or in possession with the intent to use it, you may be convicted of this crime.
This can result in the following penalties:
If you are found selling or manufacturing this drug paraphernalia, you can be punished with:
If an adult gives a minor three years his junior drug paraphernalia, he could face:
Advertising drug paraphernalia in printed media can result in:
If you are facing drug paraphernalia charges, you should consult a criminal lawyer to talk about your case.
As with any other criminal charge, the prosecutors must have evidence and an argument to prove their case beyond a reasonable doubt in order to secure your conviction. Thus, the prosecutors must prove not only that the object in question was actually drug paraphernalia, but that you actually possessed the object. Many times, in drug paraphernalia cases, the evidence of guilt may be strong. For instance, a person might be arrested while he has a marijuana pipe in his pocket, covered in residue. Even in such an instance, it may be possible to suppress evidence if a search was conducted illegally. But even when the evidence is strong and there are no viable suppression issues, a criminal defense attorney may be able to negotiate your case to avoid the worst criminal penalties.
I have helped many people charged with possessing drug paraphernalia in Las Vegas and throughout Clark County, Nevada. Call me now to discuss your case. Consultations are free.
By Michael Pandullo