What do bowls, balloons and blenders all have in common? If you were to guess that they are things you might find at birthday party or that they are words that start with a “B,” you wouldn’t be wrong. These are logical connections to make.
But these common products have one very different quality in common – they, along with many other commonly used items, can be considered drug paraphernalia in Kentucky.
Possession of illegal drugs is a crime and is often dealt with severely in our state. This doesn’t come as a surprise to most Kentuckians, but what can be surprising is just how harshly the authorities might deal with someone when it comes to the possession of paraphernalia.
Drug paraphernalia is any item or substance used to take, make or distribute drugs, and it includes a very long list of products. From the perspective of a defendant, one of the most worrisome things about drug paraphernalia charges is that they are subject to the judgment of an arresting officer, who can pick and choose which items fall into the category of paraphernalia.
What is Considered Paraphernalia?
Kentucky law lays out several items which can be considered drug paraphernalia, ranging from common household products to kits used to grow and cultivate plants. Here are just a few of the many items:
- Growing kits
- Testing kits that gauge the strength of substances
- Scales used to weigh substances
- Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, which can be used to cut certain substances
- Blenders
- Bowls
- Containers
- Spoons
- Mixing devices
- Balloons
- Capsules
- Pipes used for smoking
- Bongs or water pipes
- Hypodermic needles and syringes.
Punishments for Possession of Drug Paraphernalia
Possession of drug paraphernalia is a Class A misdemeanor in Kentucky, punishable by up to a year in jail and a $500 fine. However, possession of drug paraphernalia alone is not particularly common, though it can happen. Usually, a drug paraphernalia charge is tacked on to other drug charges, such as possession of a controlled substance, or distribution of a controlled substance.
What a Defense Attorney Will Consider
As you can see from the list above, there are many things that an officer can classify as paraphernalia, even if a defendant had no intention of using them for purposes of drug use, manufacturing or selling. A criminal defense attorney will look at the list of items that were considered paraphernalia and make the argument that they should not be included in the charges against their client. An attorney will also investigate the circumstances of an arrest to make sure that the defendant was treated fairly and that the officer followed proper procedure when making the arrest.
Drug Paraphernalia Charges Are Symptoms of Even Bigger Problems
Most items considered to be paraphernalia can be obtained legally, so it might seem a bit unfair that simply having any of these products in your possession might increase the penalties against you should you be arrested on other drug charges. Paraphernalia charges are designed to make our drug laws harsher. They also end up making life even more difficult for a defendant.
We have talked at length on this site about the unfairness of our system’s approach to drug offenders. Our approach to someone with a drug problem, however well intentioned, often misses the fact that dealing more harshly with offenders does little to improve the lives of drug offenders, nor does it address the larger problems our state faces in the current drug epidemic.
We need to approach drug users differently, offering more treatment programs and less severe sentences if we want to help them overcome the challenges they face. There are signs that we might be heading in the right direction, but our attitudes about drug use and drug offenders still have a very long way to go. In many ways, our drug paraphernalia laws reflect the many challenges in our system.
If you (or a loved one) have been arrested in Kentucky or in the Lexington area in particular, call my office at (859) 685-1055 for a free consultation. Our lawyers specialize in helping defendants fight back on assault charges, misdemeanors, domestic violence, property crimes, drug charges and more, call today.