Finding drug paraphernalia can create serious legal problems in Pennsylvania. However, simply possessing an object that could have a drug-related use does not automatically make it illegal. Under Pennsylvania law, it is unlawful to use or possess an object intending to use it to prepare, process, package, store, hide, inject, ingest or inhale a controlled substance.
An item is not automatically illegal because it could be used with drugs. The facts may need to establish that you knew you had the item and planned to use it for an illegal drug-related purpose.
When can an item qualify as drug paraphernalia?
Whether an item qualifies as drug paraphernalia depends on its intended use and the surrounding circumstances. Many items, such as containers, syringes and pipes, may also have lawful uses.
Police may identify these items as possible paraphernalia:
- Pipes or devices allegedly used to inhale controlled substances
- Syringes allegedly used to inject controlled substances
- Containers allegedly used to store or conceal controlled substances
- Items allegedly used to prepare or process controlled substances
Finding paraphernalia does not automatically prove that you possessed illegal drugs. You may also face a paraphernalia charge even when police do not find a usable amount of a controlled substance.
How does possession affect the charge?
Possession may be actual or constructive. Actual possession generally means having the item on your person. Constructive possession may be alleged when the item is not found on you, but prosecutors claim that you knew about it, had the power to control it and intended to exercise that control. Prosecutors may rely on circumstantial evidence and the totality of the circumstances.
Simply being nearby does not necessarily establish possession. In a shared vehicle, home or other space, prosecutors and courts may examine who had access to the area, who controlled it, whether the item was visible or concealed and what other evidence connects you to it.
Residue may serve as circumstantial evidence, but it does not automatically establish every element of a possession charge. A defense attorney can review evidence involving ownership, knowledge, control, intent and the legality of a search.
The details matter
A paraphernalia charge and a controlled substance possession charge are separate offenses. Each requires proof of its own legal elements. Examining where police found the item, how they obtained it and what evidence connects you to it can help clarify the charges you face.