Many people think that you can only get in trouble with the law if you are caught with drugs in your possession, but that’s simply not true. You can also be criminally charged if you are caught in possession of drug paraphernalia. Minnesota law defines drug paraphernalia as any equipment, product, or material that is modified for making, using, or concealing drugs. Below, we take a closer look at some of the most common types of drug paraphernalia and explain what you should do if you are charged to paraphernalia possession.
Types of Drug Paraphernalia
Some of the most common types of drug paraphernalia include:
- Glass hashish pipes
- Crack pipes
- Smoking masks
- Roach clips
- Freebase kits
- Rolling papers
- Anything used to store illegal drugs
- Scales used to weigh illicit drugs
According to Minnesota law, it is illegal to knowingly possess drug paraphernalia. Now, if you are caught with rolling papers and tobacco, it’s unlikely that police will attempt to charge you with drug paraphernalia possession, but if they find rolling papers and a grinder with marijuana residue, odds are you’ll be charged.
Possession of drug paraphernalia is a petty misdemeanor punishable by a fine of up to $300. On the plus side, a petty misdemeanor charge will not get you jail time, and it won’t go on your criminal record. That being said, it may still be worth consulting with a lawyer if you are wrongly accused.
Establishments that sell drug paraphernalia are commonly known as “head shops.” It is a misdemeanor offense to manufacture, distribute, advertise, or sell drug paraphernalia. This offense is punishable by a $700 fine and/or a 90-day jail sentence. They oftentimes try to get around this by advertising that their products are for tobacco use only, but don’t expect to get the same leeway from an officer if you are found trying to sell paraphernalia that one might find in these shops.
A person 18 years or older who sells drug paraphernalia to a minor or to someone at least three years their younger is guilty of a gross misdemeanor punishable by a $3,000 fine and up to one year in prison.
Minneapolis And St. Paul Drug Paraphernalia Lawyer
Possessing, manufacturing, advertising, or selling drug paraphernalia are common crimes in Minnesota. Regardless of this fact, they can still land you in jail or force you to pay expensive fines. A St. Paul drug defense attorney can help you avoid unnecessary fines and additional penalties. For more information, or to consult with a lawyer in the greater Twin Cities area, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.