Consequences of a drug paraphernalia charge no. The State of Alabama classifies these crimes as a Class A misdemeanor, which could have some dire consequences. In the first offense, possession of drug paraphernalia is a Class A misdemeanor that carries up to one year in prison. Any subsequent offense is a Class C felony punishable by one to ten years in prison.
Giving paraphernalia to a minor who is at least three years younger than you is a Class B felony that carries 2 to 20 years. Simple possession of drug paraphernalia is a misdemeanor. However, there are felony versions of drug paraphernalia punishable by up to 20 years in prison. Alabama drug charges can result when a person is in possession of any equipment, material, or product that is used to manufacture, grow, use, or otherwise produce a controlled substance, including marijuana.
Alabama Code § 13A-12-260 contains a long list of items that can be considered drug paraphernalia under the right circumstances. This list includes items such as hypodermic syringes, scales, hookahs, bongs and cockroach tweezers. Possession of drug paraphernalia is a class A misdemeanor. In addition, it is a Class B felony for any person 18 years of age or older to give or give to anyone under 18 years of age and at least three years younger any item of drug paraphernalia.
You will also likely need to participate in drug screening and rehabilitation through probation, just as you would in a felony drug case. Like possession of paraphernalia, a conviction, or a guilty plea for a misdemeanor, possession of prescription drugs does not come with an automatic suspension of your driver's license and there is no automatic prosecution for multiple felonies, yet the district attorney's office will almost certainly take the decision to maintain the felony controlled substance charge rather than reduce it to a misdemeanor. A person is guilty of possession of drug paraphernalia, a Class A misdemeanor, if he uses or possesses with intent to use drug paraphernalia, which is generally defined as items intended for use in connection with controlled substances. Do not accept any voluntary search or questioning until an experienced drug crime lawyer is on your side.
In these situations, related facts may influence a court of law's determination of whether the device is considered drug-related paraphernalia, including instructions on how the device is to be used, statements given by the device owner, if there is any residue on the device device and if there are other additional uses for the device. Code §34-23- and sometimes the prosecutor is willing to amend the felony charge to a misdemeanor. This means that even if you don't have any illegal drugs, you can be arrested for possession of objects used to help ingest or manufacture these drugs. If the charges are added to the charges for possession, manufacture, sale, or trafficking of drugs, you may lose your freedom for decades.
Drug-related paraphernalia is essentially anything that is used or designed to help with the use or manufacture of medicines. If you have been charged with a drug offense, it is vital that you are represented by a competent defense attorney. As a result, individuals facing a marijuana paraphernalia charge should understand that these charges often include substantial prison sentences. Marijuana is the only Schedule I substance in Alabama that has the potential to be prosecuted as a misdemeanor for possession for personal use; possession of any other Schedule I substance, such as cocaine or heroin, cannot be charged with anything less than a felony.
However, those occasions occur only when a small amount of medication is found and the defendant has no history of drug-related offenses. Of course, the prosecution would have to establish that's what it was used for, but if they can do it, they could convict you of possession of drug paraphernalia. .
