Drug Paraphernalia

Under Massachusetts criminal law, it is a crime to sell or possess with intent to sell drug paraphernalia.  The statute prohibiting this conduct may be found at Massachusetts General Laws, Chapter 94C, Section 32I. 

Legal Elements for Selling Drug Paraphernalia

In order to be convicted of Selling Drug Paraphernalia under Massachusetts criminal law, there must exist strong evidence of the following three legal elements:

1. that the item in question is drug paraphernalia
2. that the defendant sold the item
3. that when the defendant sold the item, he knew or reasonably should have known that it would be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, conceal, ingest, inhale or otherwise introduce into the human body a controlled substance

If you have been charged with this offense and need an experienced Massachusetts Drug Defense Attorneys call (508) 213-9113 the Law Office of John L. Calcagni, III today to schedule a free consultation.

Legal Elements for Possession with Intent to Sell Drug Paraphernalia

In order to be convicted of Possession with Intent to Sell Drug Paraphernalia under Massachusetts criminal law, there must exist strong evidence of the following three legal elements:

1. that the item in question is drug paraphernalia
2. that the defendant knowingly possessed the item with the intent to sell it
3. that when the defendant possessed the item with intent to sell it, he knew or reasonably should have known that it would be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, conceal, ingest, inhale or otherwise introduce into the human body a controlled substance.

What is Drug Paraphernalia for Purposes of These Offenses

Under Massachusetts criminal law regarding the crimes of Selling Drug Paraphernalia or Possession with Intent to Sell Drug Paraphernalia, the phrase “drug paraphernalia” consists of equipment, products, devices, and materials of any kind which are primarily intended, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling or otherwise introducing into the human body a controlled substance.

Some items of drug paraphernalia are obvious such as a bong or pipe used to smoke drugs, or a syringe or a kilogram press used to package them.  Other items are not as obvious and may have lawful or legitimate purposes for which they were designed but can also be used for drug-related reasons.    

Under Massachusetts law, there are multiple factors that may be considered to determine if an item constitutes drug paraphernalia.  

These factors include, but are not limited to the proximity  of the the item, in time and space, to any direct violation of the Massachusetts drug laws; the proximity of the item to any controlled substance; the presence or absence of any controlled substance residue on the item; instructions or descriptive materials provided with the item concerning its use; advertising materials concerning the item’s use; the manner in which the item is displayed for sale; the existence and scope of legitimate uses for the item; and expert testimony concerning its use.

Examples of drug paraphernalia include the following:

kits used, primarily 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; kits used, primarily intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances; isomerization devices used, primarily intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance; testing equipment used, primarily intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances; scales and balances used, primarily intended for use or designed for use in weighing or measuring controlled substances; diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, primarily intended for use or designed for use in cutting controlled substances; separation gins and sifters used, primarily intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marihuana; blenders, bowls, containers, spoons and mixing devices used, primarily intended for use or designed for use in compounding controlled substances; capsules, balloons, envelopes and other containers used, primarily intended for use or designed for use in packaging small quantities of controlled substances; containers and other objects used, primarily intended for use or designed for use in storing or concealing controlled substances; objects used, primarily intended for use or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as: metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, which pipes may or may not have screens, permanent screens, hashish heads or punctured metal bowls; water pipes; and carburetion tubes and devices.

Potential Punishment if Convicted of a Drug Paraphernalia Offense

          Under Massachusetts criminal law, it is a crime to sell or possess with intent to sell drug paraphernalia.    The statute prohibiting this conduct may be found at Massachusetts General Laws, Chapter 94C, Section 32I. 

Any person convicted of selling or possessing with intent to sell drug paraphernalia may be punished by a term in a house of corrections for not more than 2 years and/or by a fine of not more than $5,000. 

If the offense involved the sale or intended sale to a person under age 18, the penalty is enhanced to a term in state prison of not less than 3 or more than 5 years and/or a fine ranging from $1,000 to $5,000.

If you have been charged with this offense and need the best Massachusetts Drug Defense Attorneys call (508) 213-9113 today to schedule a free consultation.