In Michigan, possession of drug paraphernalia is a misdemeanor charge. An individual found guilty of the possession of drug paraphernalia can face up to 90 days in jail and a fine of up to $5,000. Depending on his or her previous drug crime record, an individual may face steeper penalties for a paraphernalia possession conviction. Penalties for a drug paraphernalia possession conviction can also include suspension of one’s driver’s license, community service, probation, and mandatory drug treatment.
To find an individual guilty of drug paraphernalia possession, the court must prove that the individual had the item specifically for illegal drug use. Possession of an item for the legal use of medical marijuana or a prescribed controlled substance is not drug paraphernalia possession.
Items used to consume tobacco may also be used to consume marijuana and other smokable substances, like crack cocaine. Examples of these items include:
Herb grinders can also be used in the kitchen, as can kitchen scales, small spoons, and plastic baggies. Like herb grinders, these items also have uses involving illegal drugs and may be considered pieces of drug paraphernalia.
Similarly, some items with legitimate medical uses can also be used with illegal drugs. An accusation of such can lead to a drug paraphernalia possession charge for an innocent individual. Medical items that can be flagged as drug paraphernalia include:
There are other items that could be deemed to be drug paraphernalia as well. These include, but are not limited to:
If you are facing a drug paraphernalia possession charge or any other type of drug offense charge, it is in your best interest to start working with an experienced criminal defense lawyer as soon as possible to develop an appropriate defense strategy for your case. To learn more, contact our team at Nickola Law today to schedule your initial consultation in our office.
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