Drug Paraphernalia

Drug paraphernalia is defined as any equipment that is used to consume, conceal or produce illegal drugs. Drug paraphernalia includes a vast array of items such as: bongs, water pipes, miniature spoons, chillums, cigarette papers, roach clips, various pipes made from metal, wood, acrylic, glass, stone, or ceramic, cocaine freebase kits, syringes, fake pagers, hollowed-out cosmetic cases, smoking masks, hashish bongs and many more. Even products that are used to cleanse a person’s system of drug residue in order to improve their chances of passing a urine test are considered drug paraphernalia.

Drug paraphernalia is not limited to individual use, dealer-specific products that are used by drug dealers and traffickers when preparing illicit drugs for sale and distribution are also considered drug paraphernalia. Items such as small baggies, scales and vials which are used to sell crack, marijuana and heroin are also considered to be drug paraphernalia.

The federal government goes further to define drug paraphernalia as, “any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.”

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Drug Paraphernalia Penalties in Washington

In Washington State, possession of drug paraphernalia is a misdemeanor and carries a mandatory minimum of 1 day in jail and a minimum $250 fine. The maximum penalties for possession of drug paraphernalia in Washington are 90 days in jail and a $1000 fine.

In order for the prosecution to convict you, it will have to prove that you did use the paraphernalia in conjunction with an illicit drug. The prosecution proves this by showing that there was a presence of drug residue, or that the item was in close proximity to other drug related items (i.e. small baggies, a bundle of cash, scales and more), or that the item was close to or nearby a controlled substance.

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