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What can be considered drug paraphernalia?

You don't have to be found in possession of illegal drugs to face drug charges. Being in possession of items related to the use of illegal drugs (drug paraphernalia) can land you in jail. Drug paraphernalia includes items used to distribute and ingest drugs. Even common household items like spoons, bowls and scales can be considered drug paraphernalia, depending on the circumstances in which they're found.

Providing drug paraphernalia to others can also violate the law. For example, federal law prohibits selling or offering to sell it, importing or exporting it, mailing it or otherwise transporting it interstate.

State laws vary somewhat regarding what is considered drug paraphernalia. Therefore, what may be considered illegal in one state may not in another.

Ohio law defines it as "any equipment, product, or material of any kind that is used by the offender…in propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body, a controlled substance…."

Ohio state law details a long list of items including pipes, bowls, syringes and kits for preparing drugs. Whether an item is deemed drug paraphernalia depends on things like its proximity to illegal substances or behavior and any residue on it from a controlled substance.

Drug paraphernalia charges generally carry lesser penalties than those involving possession or sale of illegal drugs. However, in many cases, people charged with possession or sale or drugs also face drug paraphernalia charges.

If you or a loved one is facing these charges, whether alone or in conjunction with charges for other drug-related crimes, an experienced Ohio defense attorney who is well-acquainted with both the federal and state drug laws. can provide the information you need to fight the charges.

Source: FindLaw, "Drug Paraphernalia Charges," accessed Jan. 31, 2017

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