What is drug paraphernalia?
The equipment, components and materials that are modified to make, use and conceal illegal drugs are known as drug paraphernalia. Drug paraphernalia is categorized either as user-specific or dealer-specific, meaning that the paraphernalia is either utilized by users or used by dealers to prepare portions of drugs for street traffic.
There are countless items that can be classified as drug paraphernalia under Massachusetts's broad laws, and common examples include rolling papers, pipes, scales and cocaine freebase kits. Massachusetts General Laws §94C-32I states that it is illegal to possess drug paraphernalia with the intent to sell. If you are under investigation or have been arrested for this crime, you should seek the help of an experienced drug crime attorney who can defend your rights.
In order for you to be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt that you sold, possessed, purchased or manufactured drug paraphernalia with the intent to sell it. The prosecution must also prove that you either knew or had reason to know that that the paraphernalia would be used to make, use or store illegal drugs.
Possession of Drug Paraphernalia with Intent to Sell
This drug offense can be classified as a felony or misdemeanor drug crime, depending on whether or not the particular paraphernalia is related to users or dealers, whether illegal drugs were found on your person, your criminal history and any prior drug convictions. If you were found in possession of an illegal drug, the amount and type of that drug will also pay a role in the penalties enacted against you. The penalties for this crime may include fines, community service, imprisonment, drug rehab programs, and/or probation.
For example, if you are convicted of possession of drug paraphernalia with the intent to sell, you will face up to two years imprisonment in jail or a house of correction and a fine ranging up to $5,000. If you have sold drug paraphernalia to someone under the age of 18, these penalties will increase substantially. You will face up to 5 years imprisonment and a fine of up to $5,000.
Regardless of whether you were caught with user-paraphernalia like rolling papers, syringes, pipes, or small containers, or dealer-paraphernalia like vials, small scales and baggies, we are here to help. Our team of experienced drug crime attorneys have experience as former police officers, and we know how to challenge the evidence brought against you. When you contact Keegan & Novick about your drug crime charges, we will immediately begin an intensive investigation into your charges and the police officer's story. Call now to schedule your consultation with a Boston drug crime lawyer who can begin to protect your rights today!