What is drug paraphernalia? Ohio Revised Code 2925.14 defines it as:
"Drug paraphernalia" includes, but is not limited to, any of the following equipment, products, or materials that are used by the offender, intended by the offender for use, or designed by the offender for use, in any of the following manners:
- (1) A kit for propagating, cultivating, growing, or harvesting any species of a plant that is a controlled substance or from which a controlled substance can be derived;
- (2) A kit for manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;
- (3) Any object, instrument, or device for manufacturing, compounding, converting, producing, processing, or preparing methamphetamine;
- (4) An isomerization device for increasing the potency of any species of a plant that is a controlled substance;
- (5) Testing equipment for identifying, or analyzing the strength, effectiveness, or purity of, a controlled substance;
- (6) A scale or balance for weighing or measuring a controlled substance;
- (7) A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, or lactose, for cutting a controlled substance;
- (8) A separation gin or sifter for removing twigs and seeds from, or otherwise cleaning or refining, marihuana;
- (9) A blender, bowl, container, spoon, or mixing device for compounding a controlled substance;
- (10) A capsule, balloon, envelope, or container for packaging small quantities of a controlled substance;
- (11) A container or device for storing or concealing a controlled substance;
- (12) A hypodermic syringe, needle, or instrument for parenterally injecting a controlled substance into the human body;
- (13) An object, instrument, or device for ingesting, inhaling, or otherwise introducing into the human body, marihuana, cocaine, hashish, or hashish oil, such as a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or without a screen, permanent screen, hashish head, or punctured metal bowl; water pipe; carburetion tube or device; smoking or carburetion mask; roach clip or similar object used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; miniature cocaine spoon, or cocaine vial; chamber pipe; carburetor pipe; electric pipe; air driver pipe; chillum; bong; or ice pipe or chiller.
It is illegal to "knowingly use, or possess with purpose to use, drug paraphernalia."
Possession of drug paraphernalia is a fourth degree misdemeanor (lowest misdemeanor besides a minor misdemeanor). It is punishable by up to 30 days in jail and a $250 fine, plus court costs. As of September 13, 2016, a formally required mandatory license suspension will now be discretionary - meaning it is up to the judge whether to suspend your license anywhere from 6 months to 5 years.
TIPS TO AVOID CONVICTION
- Keep your drugs in a discreet container not clear and not typically used for drug storage;
- Do not keep your drugs in your vehicle; and
- Call your lawyer!
We provide no charge issue assessments at your place or ours. Call/text Leslie at 614.403.7356 or email Leslie@AWLawOhio.com