If you are caught with a controlled substance in Greenville, you can also face possession of paraphernalia charges for having items commonly associated with drug use. The prosecution must prove the item’s connection to drugs, which can be challenging if it serves a lawful purpose. Having both paraphernalia and evidence of a large-scale operation may suggest intent to distribute, leading to more serious charges.
Given the seriousness of your situation, call our Greenville drug charge attorneys now for urgent legal assistance.
What Is Classified as Drug Paraphernalia?
SC Code §44-53-110 (33) defines drug paraphernalia as any instrument, device, or gadget that is used in connection with manufacturing, ingesting, smoking, or selling an illicit substance.
Examples of paraphernalia include, but are not limited to:
- Water pipes, such as bongs, hookahs, and bubblers
- Carburetion tubes and devices
- Roach clips
- Cocaine spoons, vials, and scales
- Baggies
- Separation gins are designed for and used to clean marijuana
- Chamber pipes
- Electric pipes
- Air-driven pipes
- Ice pipes or chillers
How Does the Court Determine if an Item is Illegal Paraphernalia?
SC Code §44-53-391 illegalizes the possession, sale, delivery, or manufacturing of any item that is proven to be drug paraphernalia. The courts will examine the following factors in determining if an object is illegal paraphernalia:
- Statements by the owner or anyone in control of the item
- The proximity of the item to contraband
- Any residue of a controlled substance contained on the item
- Direct or circumstantial evidence that the owner (or anyone in control of the item) intends to deliver it to someone who plans to use it for an illegal purpose
- Oral or written instructions included with the object describing its use
- National and local advertising describing its use
- How the item is marketed
- Expert testimony concerning the item’s purpose
Penalties for Drug Paraphernalia in Greenville, SC
Possession of drug paraphernalia is not a criminal offense, but is only subject to a civil fine of $500. A corporation found in possession of paraphernalia may potentially face a $50,000 fine. This could occur if a store owner is selling bongs to smoke marijuana. However, when the paraphernalia is found in connection with an illicit substance, then the situation becomes more dire. While the state imposes only a civil penalty for possession of paraphernalia, specific ordinances may apply in your county. For example, possession of paraphernalia in Greenville County is a criminal offense.
Any admission to using paraphernalia can instantly expose you to additional drug charges. If you are even suspected of having drug paraphernalia, it is crucial to contact our legal team without delay. Your case may involve illegal search and seizure, and police often assert reasons for their actions that do not hold up in court. Act now to get ahead of your charges and secure your legal rights before the situation worsens.
Consult with Our Greenville Drug Charge Lawyers Today
If you have been accused of possessing drug paraphernalia, you may be opening the door to drug possession charges. At Eppes & Plumblee, P.A., our Greenville drug charge attorneys offer practical advice to individuals who find themselves on the wrong side of the law. Let us help you avoid the immediate and long-term consequences of a conviction. To arrange your free consultation, contact us online or by calling (864) 581-3450.