Many are aware of the illegal nature of possessing drugs in Oregon, but they might not know that it is also illegal to be in possession of drug paraphernalia. It is important for those who are confronted with these charges understand what it entails under state law and what its penalties are.
It is against the law for a person to sell or deliver drug paraphernalia. It is also illegal to possess or manufacture drug paraphernalia with the intent to sell if it is known that the items will be used to be involved with the use or production of a controlled substance.
Drug paraphernalia is defined as equipment, products or materials that are to be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, test, analyze, package, repackage, store, contain, conceal, inject, ingest, inhale or introduce controlled substances into the human body. There are numerous items that qualify as being designated as drug paraphernalia. They include kits for manufacturing or marketing drugs or even items that increase the potency of a drug. It also includes the testing equipment, scales to weigh these substances, diluents and adulterants, separators, containers to store the substances and objects used to ingest the drugs.
Included in the objects used to ingest the drugs are pipes, tubes, masks, cocaine spoons and vials, bongs, lighting equipment to grow the drugs and other items. When it is determined whether or not the item is to be used for drug manufacture or use, it must be considered whether there are instructions about how it is to be used, descriptions, advertising, how it is displayed when it is sold, if there are legitimately legal uses for it and testimony from experts as to how it commonly used. If there is an arrest and conviction for possession of drug paraphernalia, there will be a fine of a minimum of $2,000 and a maximum of $10,000.
Although there could be a situation in which there is no intent to sell or distribute controlled substances, those who are in possession of drug paraphernalia can also face charges for drug offenses under state law. It is imperative for those who are arrested formulate a strong defense. For assistance, it is wise to speak to a legal professional as soon as possible.
Source: oregon.gov, "Drug Paraphernalia, pages 28-30," accessed on Aug. 17, 2015
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