Use / Possession of Drug Paraphernalia in Philadelphia


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Pennsylvania drug paraphernalia law is so wide-ranging that it covers an especially large assortment of items. Rolling papers, bongs, roach clips, bowls, scales and needles, fall under Pennsylvania’s definition. But so do tools that can be used to grow, manufacture or prepare a controlled substance. Possessing drug paraphernalia is often charged along with another drug possession offense. If you are facing criminal charges, don’t hesitate to call an experienced Philadelphia marijuana attorney from Fienman Defense.

As an experienced criminal defense lawyer and member of the Medical Marijuana Committee of the Philadelphia Bar Association, Michael Fienman is at the forefront of cannabis law, especially as it relates to paraphernalia charges in Pennsylvania. If you have questions about medical marijuana or have been charged with a marijuana-related crime, including marijuana paraphernalia, contact attorney Fienman at (215) 839-9529 or complete our online form.

What You Need To Know About Drug Paraphernalia

  • In Pennsylvania, drug paraphernalia is any device used, or intended to be used, for planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing a controlled substance into the human body.
  • Items that are otherwise legal to own, such as a blender or plastic zip-lock bag, are included if they can be directly linked to drug use.
  • If you are charged with drug paraphernalia, will be looking at a misdemeanor offense with up to one year in prison and/or a fine of up to $2,500.
  • If you give a minor drug paraphernalia, and you are three years older than they are, you can face up to two years in prison and a fine of up to $5,000.
  • If it’s your first offense, you may be able to draw probation.

What To Do If You Have Been Charged

If you are caught with drug paraphernalia in your possession, it is important that you do not make any statements to the arresting officer about it.

As with most criminal charges, you should not talk to the police or prosecutors without your attorney by your side. What you say can be taken out of context and used against you. If the police question you, tell them you want a lawyer and politely refuse to answer their questions.

What a Philadelphia Marijuana Lawyer Can Do

Your attorney will examine the alleged facts to first determine if there was probable cause to charge you lawfully.

  • If you were stopped in your car, your Philadelphia marijuana attorney will find out if there was probable cause to pull you over and to search you and the vehicle. Your lawyer will look for ways to have any evidence suppressed.
  • If the paraphernalia belonged to someone else, your attorney will try to find proof that it was not yours.

How a Philadelphia Marijuana Attorney Will Help

When you are up against a drug paraphernalia charge, you will be facing inflexible laws and a determined prosecutor. You will need a Pennsylvania criminal defense attorney with a strong understanding of drug laws who can help you achieve the best possible outcome for your situation.

Pennsylvania Use or Possession of Drug Paraphernalia Law

Drug paraphernalia charges are described and defined under The Pennsylvania Code under Title 35 Chapter 6. Read the code here.

Questions? Contact us today.

If at all possible, Fienman Defense will try to get the charges against you dismissed. And if your case goes to court, Fienman Defense will fight to win an acquittal.