What Is Drug Paraphernalia?

A plastic clear baggie is drug paraphernalia.

How can something nearly every person has in their kitchen drawer be an illegal item?

An item because illegal when it is used in conjunction with illegal drugs. Pursuant to North Carolina G.S. 90-113.22, “it is unlawful for any person to knowingly use, or to possess with intent to use, drug paraphernalia to plant . . . process . . . package, repackage, store, contain, or conceal a controlled substance other than marijuana which it would be unlawful to process, or to inject, ingest, inhale, or otherwise introduce into the body a controlled substance other than marijuana which it would be unlawful to possess.”

This statute covers paraphernalia used for drugs other than weed. G.S.90-113.22A addresses paraphernalia used with pot. Possession of paraphernalia (PDP) used for the purpose of a drug other than marijuana is a Class 1 misdemeanor; PDP for marijuana is a Class 3 misdemeanor.

So, if you are using a plastic baggie to store marijuana, it automatically becomes illegal. You could be charged with a Class 3 misdemeanor for possessing it.

What else could be drug paraphernalia?

-A clear pipette

-A bong

-A marijuana pipe

-Rolling papers

-Any type of pipe or straw used for illegal drugs

-Items used to plant marijuana

-A kitchen scale

-A credit card used to cut lines of powder cocaine

-Protein powder/weight gain powder used as a cutting agent

What If I’m Charged With Possession Of Drug Paraphernalia?

If you are charged with PDP in North Carolina, you should retain a criminal defense lawyer. Do NOTsimply pay off the citation online without talking to an attorney first. If you were charged with PDP, you were likely charged with possession of a drug also. There are ways to have the charges reduced or dismissed, but you need to know what to ask for and how to navigate the court system.

By simply entering a guilty plea, you could face unexpected consequences, such as job loss or housing denial.

Can I Expunge A Possession Of Drug Paraphernalia Conviction Or Charge?

In many cases, yes. Certain guidelines do apply, and a fee may be due to the Clerk of Court.

Call Attorney William Pruden at 919-880-2124 for more information.

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