Cleveland Drug Paraphernalia Lawyer
Ohio courts take drug paraphernalia crimes very seriously. If you have been arrested, you need experienced legal help in navigating the courts and obtaining the best possible outcome for your charges.
The Law Office of Daniel M. Margolis, LLC will give you a confidential consultation and help you decide the best course of action to take regarding your possession charge. Call an experienced drug paraphernalia possession lawyer at (216) 533-9533 right away.
What Is Drug Paraphernalia?
Ohio Rev. Code 2925.14 defines drug paraphernalia as equipment or products of any kind that are designed with the purpose or intent of using controlled substances. This includes materials involved with the process of creating drugs: producing, preparing, cultivating, growing, harvesting, manufacturing, testing, analyzing, etc. It also involves materials involved in packaging and storing of controlled substances, and any goods or products designed for ingesting, injecting, or inhaling drugs.
Examples of drug paraphernalia in Ohio include:
- Water pipes
- Syringes and needles
- Plastic baggies
- Cultivation/growing equipment used in producing marijuana
- Measuring scales
- Sifting devices
- Storage containers used directly in packaging, sorting, and concealing controlled substances
Marijuana Paraphernalia Possession in Ohio
Ohio’s drug statutes specifically address marijuana drug paraphernalia via Ohio Rev. Code 2925.141. According to this law, if you are found in possession of marijuana-related drug paraphernalia – including water pipes, bongs, grinders, rolling papers, vaporizers, smoking masks, testing equipment etc. – you will be charged with a minor misdemeanor, which does not carry jail time, but does entail up to $150 in fines.
Penalties for Drug Paraphernalia Possession in Ohio
In Ohio, convictions for first, second, third, and fourth degree misdemeanors and any felony conviction will stay on your criminal record. Convictions for minor misdemeanors – including marijuana possession up to 100 grams may be expunged.
- A conviction for drug paraphernalia possession other than marijuana paraphernalia results in a fourth-degree misdemeanor charge. The maximum jail sentence for a fourth-degree misdemeanor in Ohio is 30 days, with a maximum fine of $250.
- A conviction for possession of marijuana paraphernalia in Ohio is a minor misdemeanor. If convicted, you could face a $150 maximum fine but no jail time.
- A conviction for dealing or advertising drug paraphernalia to an adult in Ohio is considered a second-degree misdemeanor and carries a maximum 90-day jail sentence and maximum $750 fine.
- A conviction for dealing or advertising drug paraphernalia to a minor in Ohio is considered a first-degree misdemeanor which includes a maximum 180-day jail sentence and maximum $1,000 fine.
In addition, many drug convictions in Ohio carry a mandatory drivers’ license suspension of six months to a year.
More inhibiting, however, may be the difficulties a convicted drug offender could face after their suspension or served time. Often, drug offenders in Ohio with a drug conviction on their record find it difficult to return to employment, securing financial aid, or obtain professional licenses.
Drug Abuse Instruments
According to the Ohio Rev. Code 2925.12, it is illegal to make, possess, obtain, or use drug abuse instruments – specifically hypodermic needles and syringes – that have a primary purpose of administering dangerous drugs but have been used to inject controlled illegal substances. If you are charged under this law, you face a second-degree misdemeanor.
You should note that the drug paraphernalia statute also mentions hypodermic needles and syringes under its definition of drug paraphernalia, however, this drug abuse instrument statute in ORC 2925.12 emphasizes the distinction of needles and syringes in drug paraphernalia, whereas the drug paraphernalia statute is typically applied more broadly in cases containing other drug-related products and substances, as needles/syringes are more generally associated with Ohio’s schedule I and II drugs and can carry more significant penalties in drug possession cases.
How Law Enforcement Determines What Is Drug Paraphernalia
In addition to the examples set out in Ohio law defining drug paraphernalia, law enforcement determines whether products and materials are specifically related to drug paraphernalia using a general set of criteria including:
- Drug residue on the alleged paraphernalia.
- Physical proximity of the paraphernalia to controlled substances.
- Descriptions or instructions on use found near the paraphernalia.
- Advertisements containing the paraphernalia, directing toward drug-related use.
- Possible uses for paraphernalia – products, equipment, etc.
- Statements by the owner of the equipment or products confirming the paraphernalia’s intended drug-related use.
Contact a Criminal Defense Attorney If You’re Arrested
If you’ve been arrested or charged with possession of drug paraphernalia in Ohio, contact an attorney at The Law Office of Daniel M. Margolis, LLC at (216) 533-9533 immediately. You will receive a consultation as you seek the best possible outcome for your drug paraphernalia-related charges.