Possession Of Drug Paraphernalia

If you have been charged with Possession of Drug Paraphernalia, you need the counsel of a knowledgeable and experienced criminal defense lawyer.  A knowledgeable and experienced criminal defense attorney knows what the State must prove and the consequences of a conviction of Possession of Drug Paraphernalia.  David Q. Burgess, who is available for a free consultation at (704) 377-9800, is a knowledgeable and experienced criminal defense lawyer who knows what the State must prove and the consequences of a conviction of Possession of Drug Paraphernalia.

To prove Possession of Drug Paraphernalia, the prosecution must show that the person knowingly possessed drug paraphernalia.  “Drug paraphernalia” means all equipment, products and materials of any kind, which may be anything from rolling papers to scales, that are used to facilitate, or intended or designed to facilitate, the sale or use of an illegal drug.

Possession may be either actual or constructive.  Actual possession is where a person has it on his person.  Constructive possession exists where the person does not have it on his person but is aware of its presence and has both the power and intent to control its disposition or use.  More than one person may have the power and intent to control its disposition so that one or persons may have constructive possession of the marijuana.

A person’s awareness of the presence of the paraphernalia and his power and intent to control its disposition or use may be shown by circumstantial evidence.  That the paraphernalia was found in close physical proximity to the person is not, by itself, enough to show that the person was aware of its presence or had the power or intent to control its disposition or use.  Instead, there must be additional circumstances to show that the person was aware of its presence or had the power or intent to control its disposition or use.  For example, if the paraphernalia was found in a house or a vehicle and that the person exercised control over the house or the car, that would be an additional circumstance from which it could be shown that he was aware of the presence of the marijuana and had the power and intent to control its disposition or use.

Possession Of Drug Paraphernalia is a Class 1 misdemeanor where the substance is anything other than marijuana and is a Class 3 misdemeanor where the substance is marijuana.

If you’ve been charged with Possession of Drug Paraphernalia, call David Q. Burgess for a freeconsultation at (704) 377-9800.