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How do courts decide if an object is drug paraphernalia?

On Behalf of | Oct 11, 2021 | Criminal Defense |

If a law enforcement official has accused you of possessing drug paraphernalia, you could have many questions and concerns. These allegations could turn your life upside down in various ways, creating challenges in the workplace and in your personal life as well. Sometimes, people are falsely accused of possessing drug paraphernalia, such as those who have unlawful items planted in their vehicle, while others did not realize that certain objects were illegal to possess.

There are many different examples of drug paraphernalia, such as objects used to smoke, grow, process or inject unlawful substances. Moreover, courts look at various factors when determining if such items are illegal.

Factors courts review when naming items as drug paraphernalia

According to the Kentucky Legislative Research Commission, courts go over a number of factors when deciding if certain items constitute unlawful drug paraphernalia. For example, the court will look at a person’s record (such as past drug cases), how close the object was to unlawful substances and drug residue on the item.

Courts also go over instructions regarding use of the object, as well as expert testimony on the item and even advertising regarding the use of the product when deciding if an individual should face charges.

The impact of drug paraphernalia allegations

If you are facing allegations related to drug paraphernalia, you need to understand how this case could affect your future. If you are unable to secure a successful outcome in court, you could face difficulties when trying to find a job, as well as court-imposed penalties and damage to your reputation. Make sure you go over your options and review the case closely.