In most counties of Colorado, it’s a crime to possess, sell, deliver, furnish, transfer, or manufacture a pipe or device for the smoking or injection of illegal drugs. Pipes and smoking devices are often legally sold for tobacco use, but it becomes illegal when the devices are used for illegal drugs, such as marijuana or opium. For example bongs and water pipes are often legally sold, but illegally used. The same is true with otherwise legal items used to grow, produce, package, or otherwise manufacture illegal drugs.
Colorado’s criminal code makes it illegal to possess drug paraphernalia, broadly defined as anything that can help a person produce, store, sell or use drugs.
If you’ve been arrested for possession of drug paraphernalia or drug ingredients, it’s a good bet that the police aren’t done investigating you. Don’t agree to any searches or any interrogations until you’ve hired experienced drug crime defense lawyer.
Innocent Items Lead to Criminal Charges
Because Colorado’s law is so broad, and because it covers a variety of drugs, many common household items can be mistakenly swept up as drug paraphernalia, including cooking equipment, gardening tools, small containers and pipes intended for smoking tobacco. In assessing the intended purpose for an object, following factors can be used to establish legal use of an item:
- Statements by the owner
- The existence and scope of non-narcotic uses of the object
- Packaging and instructions
- How the object is displayed or advertised
- Expert testimony
A possession of drug paraphernalia charge may not be as devastating as other drug crimes,but it still should be taken seriously. Any drug conviction can cost you future employment opportunities and result in harsh penalties. You should seek the assistance of the aggressive criminal defense attorneys at Johnson Sauer Legal Group as soon as you can.
Possible Drug Paraphernalia Charges:
- Possession: Class 2 Petty Offense: Fine less than $100;
- Manufacturer or Sale of Paraphernalia: Class 2 Misdemeanor;
- Advertisement of Drug Paraphernalia: Class 2 Misdemeanor; and
- Possession of materials to manufacture methamphetamine: Class 3 Felony.