Possession of Drug Paraphernalia - Tulsa Trial Attorneys
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Times Have Changed for Drug Crimes
It was only a few years ago and people convicted of simple possession of marijuana were sentenced to significant prison time in Oklahoma. If you were convicted of Manufacturing, Distribution, or Trafficking they would just throw away the key. Times have changed and now possession of a controlled drug is a misdemeanor with a maximum of 1 year in jail, and marijuana is legal for medical purposes with a prescription. This doesn’t mean that you should take an arrest for a drug crime lightly, especially when the arresting agency is going to do everything in their power to make your simple possession into a possession with intent to distribute, or even worse trafficking. There are also ramifications to your employment and your driver’s license if you are not careful.
Time is of the Essence When Picking the Best Tulsa Criminal Defense Attorney:
First and foremost, call us right away at 918-884-7791. Whenever you get arrested on drug charges, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. The police and the DA will be doing everything in their power to gather incriminating evidence. Just like the police, you should have a team gathering evidence and statements from Day 1.
DON’T TALK AND DON’T GIVE A STATEMENT.
DON’T GIVE THEM CONSENT TO SEARCH.
DON’T TALK TO PEOPLE IN JAIL, OR TO FAMILY OVER THE PHONE ABOUT YOUR CASE.
EVERY MINUTE YOU GO WITHOUT AN EXPERIENCED ATTORNEY PUTS YOU AT RISK.
DON’T HIRE JUST ANY ATTORNEY. MAKE SURE THEY ARE A SUCCESSFUL TRIAL ATTORNEY.
Drug Paraphernalia - Definition
"Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or fashioned specifically for use in planting, 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 dangerous substance in violation of the Uniform Controlled Dangerous Substances Act including, but not limited to:
a. kits used, intended for use, or fashioned specifically for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived,
b. kits used, intended for use, or fashioned specifically for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances,
c. isomerization devices used, intended for use, or fashioned specifically for use in increasing the potency of any species of plant which is a controlled dangerous substance,
d. testing equipment used, intended for use, or fashioned specifically for use in identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances,
e. scales and balances used, intended for use, or fashioned specifically for use in weighing or measuring controlled dangerous substances,
f. diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or fashioned specifically for use in cutting controlled dangerous substances,
g. separation gins and sifters used, intended for use, or fashioned specifically for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana,
h. blenders, bowls, containers, spoons and mixing devices used, intended for use, or fashioned specifically for use in compounding controlled dangerous substances,
i. capsules, balloons, envelopes and other containers used, intended for use, or fashioned specifically for use in packaging small quantities of controlled dangerous substances,
j. containers and other objects used, intended for use, or fashioned specifically for use in parenterally injecting controlled dangerous substances into the human body,
k. hypodermic syringes, needles and other objects used, intended for use, or fashioned specifically for use in parenterally injecting controlled dangerous substances into the human body,
l. objects used, intended for use, or fashioned specifically for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
(1) metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls,
(2) water pipes,
(3) carburetion tubes and devices,
(4) smoking and carburetion masks,
(5) roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand,
(6) miniature cocaine spoons and cocaine vials,
(7) chamber pipes,
(8) carburetor pipes,
(9) electric pipes,
(10) air-driven pipes,
(11) chillums,
(12) bongs, or
(13) ice pipes or chillers,
m. all hidden or novelty pipes, and
n. any pipe that has a tobacco bowl or chamber of less than one-half (1/2) inch in diameter in which there is any detectable residue of any controlled dangerous substance as defined in this section or any other substances not legal for possession or use;
provided, however, the term "drug paraphernalia" shall not include separation gins intended for use in preparing tea or spice, clamps used for constructing electrical equipment, water pipes designed for ornamentation in which no detectable amount of an illegal substance is found or pipes designed and used solely for smoking tobacco, traditional pipes of an American Indian tribal religious ceremony, or antique pipes that are thirty (30) years of age or older; 63 O.S. 2-101
Drug Offenses: Drug Paraphernalia - Elements
No person may be convicted of use / possession / delivery / manufacture of drug paraphernalia unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) knowingly / intentionally;
(2) using/possessing drug paraphernalia;
(3) to plant/propagate / cultivate / grow / harvest / manufacture / compound / convert/produce/ process/ prepare / test / analyze / pack / repack / store/ contain / conceal / ingest / inhale / (introduce into the human body);
(4) the controlled dangerous substance of [Name of Substance].
OR
(1) delivering / possessing / manufacturing drug paraphernalia;
(2) knowing that it was to be used;
(3) to plant / propagate / cultivate / grow / harvest / manufacture / compound/ convert/ produce /process/ prepare / test / analyze / pack / repack/store / contain/conceal / ingest / inhale / (introduce into the human body);
(4) the controlled dangerous substance of [Name of Substance].
OR
(1) delivering drug paraphernalia;
(2) to a person under 18 years of age;
(3) who was at least 3 years younger than the defendant;
(4) knowing that it was to be used;
(5) to plant / propagate / cultivate / grow / harvest/manufacture / compound/ convert/ produce /process / prepare /test / analyze / pack / repack / store / contain / conceal / ingest /inhale / (introduce into the human body);
(6) the controlled dangerous substance of [Name of Substance]. OUJI-CR 6-7
Drug Paraphernalia: Factors Used in Determining
In determining whether an object is "drug paraphernalia", a court or jury shall consider, in addition to all other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Dangerous Substances Act;
3. The proximity of the object to controlled dangerous substances;
4. The existence of any residue of controlled dangerous substances on the object;
5. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to any person who intends to use the object to facilitate a violation of the Uniform Controlled Dangerous Substances Act. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use, or fashioned specifically for use, as drug paraphernalia;
6. Instructions, oral or written, provided with the object which either state directly or imply that the object is to be used for the consumption of controlled substances;
7. Descriptive materials accompanying the object which explain or depict its use as an object for the consumption of controlled substances;
8. The manner in which the object is displayed for sale;
9. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
10. Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
11. The existence and scope of legitimate uses for the object in the community; and
12. Expert testimony concerning its use. 63 O.S. 2-101.1
Possession of Drug Paraphernalia - Punishment First Offense
Possession of drug paraphernalia is a misdemeanor on the first offense, carrying a maximum of one year in jail and a fine of up to $1,000.
Possession of Drug Paraphernalia - Punishment Second Offense
A second or subsequent conviction of paraphernalia possession warrants a fine of up to $10,000 and 3-year suspension of one’s driver’s license.
Drug Crimes - Misdemeanors
Possession of a Controlled Dangerous Substance
Possession of Drug Paraphernalia
Public Intoxication - Drugs
Drug Crimes - Felonies
Drug Crimes - FAQs
Possession of Drug Paraphernalia Litigation Expertise
Don’t settle for the quick plea on Drug Crime charges in Oklahoma. There are many ramifications to even taking a misdemeanor plea to probation. When defending drug charges, it is necessary to obtain experienced and aggressive representation who is willing to question whether there was probable cause for the stop, whether the search may have breached your constitutional rights, and based on case law you may not have been in possession of the contraband. The smallest detail or piece of evidence can make all the difference. The longer you wait to hire a Criminal Defense attorney the greater the stress and the greater the advantage to the prosecution.