If it contains drug residue or law enforcement has other evidence that proves the person deals drugs, then they can take it away as evidence and charge the person with a crime. These range from civil cases involving disputed possession of real or personal property, to cases of criminal possession of drugs and other items. Additionally, showing the items are commonly marketed for drug use or were modified for such use can help to show the drug paraphernalia's intended purpose. reCAPTCHA and the Google Privacy Policy and Its sad really.. If you find wadded-up pieces of crack foil in the waste bin, it will usually have a burnt, resiny scent that's hard to miss. The needle and syringe then extractthe liquid through the cotton filter to inject. (a) This section does not apply to a rolling paper. At least one, but not all, of those listed offenses is a categorical match to the relevant generic standard. 2 Chainz faces the possibility of being fined up to $1,000, and up to one year in jail. Only paraphernalia that has been used with a narcotic or a controlled substance is considered illegal. Even though Susan tries to explain the pills away, saying she thought they were something else, she intended to have possession of them, and has committed criminal possession. Stay up-to-date with how the law affects your life. (b) A person who knowingly or intentionally possesses an instrument, a device, or another object that the person intends to use for: (1) introducing into the person's body a controlled substance; (2) testing the strength, effectiveness, or purity of a controlled substance; or. One item that should raise a red flag is a precut length of rubber tubing or lacing, which may be preferred because they provide extra tension that other items can't. State laws vary widely for paraphernalia possession. | Last updated January 03, 2023. Drug Enforcement Administration (DEA). Referred to as Good Samaritan laws, states enact such laws to encourage people to call for help (and potentially save lives) without fear of being arrested or charged for possession of drugs or drug paraphernalia. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Possession refers to the control of something, such as real property, or personal property, and as such does not refer to anything illegal. Most often, states apply civil penalties when the drug involved is marijuana. Martin, Zachary P.; 37 FTA- possession of drug paraphernalia-1st offense FTA- possession of dangerous drugs. Submit your case to start resolving your legal issue. If a person has a long rap sheet of drug-related charges and convictions, the judge is more likely to impose some time in jail. Also, the punishments associated with having drug paraphernalia can change quickly from a misdemeanor to a felony, depending on both the type and quantity of the drug used in connection with the drug paraphernalia. Sec. 2 Chainz was arrested for possession of drug paraphernalia, and possession of marijuana. Terms of Use In conclusion, a Minor in Possession charge (MIP) in Arizona is a serious offense that can have significant consequences for those convicted. In 2013, Grammy Award nominee, rapper 2 Chainz, was pulled over by police for driving 75 mph in a 55 mph zone. The powdered drug won't stick to the glass. v. Varsity Brands, Inc. 1300-1350 MiddleEnglish