Lexington Possession of Drug Paraphernalia Defense Attorney
Have you been charged with a possession of drug paraphernalia crime?
Our team of criminal defense attorneys are members of National Association of Criminal Defense Lawyers and have been recognized as Top 100 Criminal Defense Attorneys in America by The National Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. Put our experience and track record of success to work for you against the government’s charges and protect your freedom!
If you have been charged with possession of drug paraphernalia, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC drug attorney at 859-636-6803.
Kentucky Drug Paraphernalia Crimes
Drug Paraphernalia is any product and materials that help consume, manufacture, distribute, package, cultivate, test, prepare, inject, or otherwise introduce drugs into the human body.
Here’s a list of just some of the common paraphernalia that can lead to a criminal charge in Kentucky:
- Marijuana rolling papers
- Pipes
- Bongs
- Hypodermic needles
- Scales
- Kits for cultivating
- Tools for manufacturing
- Grinders
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Although less severe than possession of a controlled substance, possession of drug paraphernalia is still a very common charge in Kentucky.
In Kentucky, possession of drug paraphernalia is a Class A misdemeanor.
Our skilled drug paraphernalia criminal defense attorneys are always prepared to fight in your defense and to protect your rights and freedom. With three attorneys working on your case, we see to it that no stone is left unturned. Our drug and drug paraphernalia defense attorneys stay current on all of the latest court decisions that can help you have what it takes to beat your charges.
It is important that the prosecutors know that you have attorneys who won’t back down. Walk into the courtroom with attorneys with a proven track record of success, who will hold the government to its burden of proving each and every element of their case beyond a reasonable doubt.
What are the penalties for Possession of Drug Paraphernalia in Kentucky?
Possession of drug paraphernalia is a Class A misdemeanor in Kentucky and carries a sentence of up to 12 months jail. It can also carry a fine of up to $500.00.
You need a team of experienced lawyers on your side!
Our criminal defense attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers, the National Trial Lawyers, America’s Top 100 Criminal Defense Attorneys and have experience practicing criminal defense cases just like yours throughout all of Kentucky.
Our team of lawyers will put their experience and reputation for success to work for you against your drug paraphernalia charges.
When it comes to drug paraphernalia crimes, you need attorneys who will fight for and assert your constitutional rights. Drug paraphernalia charges are often times accompanied by other drug charges. Sometimes, the police officer will over-charge you with the hope that you will plead guilty to one crime in exchange for a dismissal of the others. Our team of lawyers will dedicate the time necessary to meet with you and to go through every detail of your case, as we lay the building blocks to your best defense!
Free Consultation & Case Review from our criminal defense lawyers
CIR Legal’s drug crime defense attorney services include offering a free consultation and case review to all potential clients. Our defense attorneys have fought and will always strive to fight for the rights of every person in the Commonwealth of Kentucky, and we are ready to fight for you. Call our office at 859-636-6803 or fill out our form on this website to schedule your free consultation.
Want to know more? We have included Kentucky’s possession of drug paraphernalia laws below!
In Kentucky, possessing products and materials that are considered in any way to be “associated with” drugs or the use of drugs is generally illegal. Possession of drug paraphernalia in Kentucky is discussed more in detail in KRS 218A.500, which is provided in full below.
As used in this section and KRS 218A.510:
(1) “”Drug paraphernalia”” means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes but is not limited to:
(a) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(b) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(c) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(d) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
(e) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
(g) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;
(h) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(i) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(j) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(k) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; and
(l) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as: metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; water pipes; carburetion tubes and devices; smoking and carburetion masks; roach clips which mean objects used to hold burning material, such as marijuana cigarettes, that have become too small or too short to be held in the hand; miniature cocaine spoons, and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes or chillers.
(2) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.
(3) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.
(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(5) (a) This section shall not prohibit a local health department from operating a substance abuse treatment outreach program which allows participants to exchange hypodermic needles and syringes.
(b) To operate a substance abuse treatment outreach program under this subsection, the local health department shall have the consent, which may be revoked at any time, of the local board of health and:
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- The legislative body of the first or home rule class city in which the program would operate if located in such a city; and
- The legislative body of the county, urban-county government, or consolidated local government in which the program would operate.
(c) Items exchanged at the program shall not be deemed drug paraphernalia under this section while located at the program.
(6) (a) Prior to searching a person, a person’s premises, or a person’s vehicle, a peace officer may inquire as to the presence of needles or other sharp objects in the areas to be searched that may cut or puncture the officer and offer to not charge a person with possession of drug paraphernalia if the person declares to the officer the presence of the needle or other sharp object. If, in response to the offer, the person admits to the presence of the needle or other sharp object prior to the search, the person shall not be charged with or prosecuted for possession of drug paraphernalia for the needle or sharp object or for possession of a controlled substance for residual or trace drug amounts present on the needle or sharp object.
(b) The exemption under this subsection shall not apply to any other drug paraphernalia that may be present and found during the search or to controlled substances present in other than residual or trace amounts.
(7) Any person who violates any provision of this section shall be guilty of a Class A Misdemeanor
If you’ve been charged with possession of drug paraphernalia, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
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