Possession of Paraphernalia | Criminal Defense Lawyer | Alamance County NC

Possession of Less Than a Half Ounce (Personal Use)

Possession of paraphernalia is almost always attached to a possession of marijuana charge. Of course, it’s obvious that this should be the case, but many times what would not normally be paraphernalia becomes paraphernalia if found in the same area as a controlled substance. Furthermore, North Carolina considers almost anything which could be considered useful in the growing, distributing, ingesting, or processing of controlled substances to be paraphernalia. It doesn’t matter what the controlled substance is as this chapter of the North Carolina statutes applies to everything from crystal meth to mushrooms and from prescription medicines to DMT. Incredibly enough, a prior conviction under the controlled substances act can be constructively used to prove that the brand new pipe you bought at the mall tobacco shop is intended for illegal use and possibly (if considered with other relevant facts) support a conviction for possessing drug paraphernalia.

If convicted of possession of paraphernalia, you are guilty of committing a Class 1 Misdemeanor and could be facing up to 120 days active time in jail, depending upon your record. If you have been convicted of another drug charge in the past, misdemeanor or not and are convicted of the charge of possession of paraphernalia, you may be sentenced as a Class I felon and be facing 3-5 months in prison. You should immediately contact the Whited Doby & Ray Attorneys at Law for a free consultation if you have recently been charged with possessing rolling papers, an empty cigar (blunt), glass, bong, grinder, baggies, or any other type of smoking apparatus. If you have questions regarding why you were charged with paraphernalia or what may happen to you because of these charges, contact the Whited Doby & Ray Attorneys at Law for a free initial consultation.