Most drugs that do not come in pill form require consumption tools. Those tools may range from straws and syringes to glass pipes used for smoking. People who regularly consume illicit substances may have drug paraphernalia in their possession. Those tools can lead to criminal charges in some cases.
If people encounter police officers while not in possession of actual drugs, are they at risk of criminal charges solely because of the residue detectable on the paraphernalia that police officers are able to lawfully locate?
There is no minimum possession amount
Contrary to what may seem logical, the state does not have a set minimum weight for simple drug possession charges. Any detectable amount of a prohibited or controlled substance can be sufficient reason for an arrest and adequate evidence to pursue criminal charges.
People do not need to have a significant amount of a mind-altering substance in their possession for police officers to arrest them or prosecutors to bring charges against them. The residue of cocaine, marijuana or methamphetamine found on consumption tools or even inside items used to store drugs can be enough to warrant possession charges.
State authorities may also have the option of filing a paraphernalia charge against the person accused of possession based on the tools found on them during an encounter with law enforcement. They may then face additional penalties after a guilty plea or conviction.
Working with an experienced drug crimes defense attorney is one of the best options for those accused of possession due to paraphernalia or the drug residue found on items in their possession. A lawyer can assist with evaluating the state’s case and with responding to charges in criminal court.