Possession of drug paraphernalia charges in Ohio does not necessarily have to involve drugs themselves. Oftentimes, drug offenses are accompanied by drug paraphernalia charges. Drug paraphernalia pertains to all types of drugs from marijuana, to cocaine to heroin.
Possession of drug paraphernalia is defined according to the Ohio Revised Code (ORC 2925.14) as possessing equipment, products or any kind of material that is designed with the purpose or intention of using illegal controlled substances. Drug paraphernalia encompasses any kind of materials that are involved in any of the following:
Examples of drug paraphernalia include:
- Plastic baggies
- Marijuana cultivation or growing equipment
- Water pipes
- Syringes or needles for injecting controlled substances
- Drug testing equipment
- Measuring scales
- Separation device or sifter used to clean or refine marijuana
- Smoking masks
- Kits involved with the manufacture or preparation of a controlled substance
- Instruments or objects involved with the production of methamphetamine
- Diluting equipment for cutting controlled substances
- Containers for storing controlled substances
- A blender, spoon or mixing device for use on controlled substances
Penalties for Possession of Drug Paraphernalia in Ohio
Possession of drug paraphernalia is an offense that is not treated lightly in the court of law. If you are convicted for possession of drug paraphernalia in Ohio, you will be charged with a fourth degree misdemeanor. This entails a maximum jail sentence of up to 30 days and fines up to $250.
If you are convicted for dealing of drug paraphernalia, then you will be charged with a second degree misdemeanor. This entails up to 90 days in jail and fines up to $750.
If you are convicted for selling drug paraphernalia to a minor, you will be charged with a first degree misdemeanor. This entails up to 180 days in jail and a fines up to $1,000.
Other Consequences of Possession of Drug Paraphernalia
In addition to jail time and potentially hefty fines, a possession of drug paraphernalia conviction will have a negative impact on other areas of your life as well. You may face difficulty keeping or finding a job, furthering your education, difficulty financially, maintaining professional licensures and having custody of your children.
If you are convicted of possessing drug paraphernalia, you will also face a possible driver’s license suspension.
Defending Possession of Drug Paraphernalia Offenses
Regardless of what the facts and circumstances of your case are, there are defenses that can be raised on your behalf. The Cincinnati drug lawyers with LHA will take the time to examine what legal strategies are most appropriate in defending your case.
Perhaps there is an explanation for why you were in possession of drug paraphernalia – the drug paraphernalia was not yours and / or someone placed them in your belongings without your consent or knowledge. Perhaps there is a different reason as to why you had possession of drug paraphernalia; you have a substance abuse problem or are going through a difficult period in your life. You may be a medical marijuana patient. Regardless what happened in your case, there are ways of mitigating these factors and potentially receiving a lesser sentence.
The following are examples and factors that are taken into consideration in determining what defenses can be used in your case:
- Whether there were any search warrants issued without probable cause;
- Whether an illegal search was conducted;
- Whether your Fourth Amendment rights were violated;
- Whether illegal forms of surveillance were involved;
- Whether your Miranda Rights were read in their entirety;
- Whether any evidence was illegally obtained;
- Whether lab results and analysis were handled properly.
If you are facing your first conviction for possession of drug paraphernalia in Ohio, the court may be more lenient with your sentence. A clean criminal record will undoubtedly work to your advantage if you are convicted. The Cincinnati Criminal Defense Attorneys will do everything in their power to argue for a reduction in your charges and minimizing your penalties.
Every day in Ohio, there are hundreds of individuals who are charged with possession of drug paraphernalia. Although each case is different, it is imperative that you obtain an experienced, knowledgeable and compassionate attorney who will fight for your legal rights and best interest. Cincinnati drug attorney Brad Groene has successfully defended hundreds of individuals charged with possession of drug paraphernalia. Their knowledge, experience, and compassion for your case will help you receive the justice you deserve.
Charged with Possession of Drug Paraphernalia in Ohio? Call Cincinnati Drug Lawyer Brad Groene.
At Luftman, Heck, and Associates, our Cincinnati drug lawyers have years of experience fighting these kinds of charges, and we are prepared to do everything we can to represent your best interests. With our team headed by Brad Groene on your side, you will have the best chance to fight the charges successfully. We are available for our clients 24/7, so call our offices right now at to set up a free consultation on your case.