Any type of charge involving drugs can be an overwhelming experience, especially if this is the first time you have faced a charge. Although South Carolina treats charges involving possession of drug paraphernalia differently from charges involving actual possession of a controlled substance, you should still consult with a knowledgeable Charleston drug paraphernalia lawyer before accepting any plea or attempting to move forward on your own.
The team of experienced drug attorneys at Adams & Bischoff could help you understand the potential legal ramifications stemming from the drug paraphernalia charges so you could make fully informed decisions about your future.
How Does South Carolina Law Define Drug Paraphernalia?
The state defines what constitutes unlawful drug paraphernalia in the South Carolina Code of Laws Unannotated § 44-53-110(33). According to this statute, with the exception of tobacco pipes and cigarette papers, drug paraphernalia is any instrument or device designed or intended to be used for ingesting, smoking, preparing, or manufacturing a controlled substance. The law lists the following as examples of unlawful drug paraphernalia:
- Pipes
- Carburetion tubes and devices
- Smoking masks
- Roach clips
- Separation gins to clean marijuana
- Cocaine spoons
- Chilams
- Bongs
- Ice pipes or chillers
In addition to the list of items specified as drug paraphernalia, the state will also consider other items. Depending on the circumstances, even common items with genuine, legitimate purposes that are found in people’s homes can be considered to be drug paraphernalia. For instance, if the police find a common spoon in your house with a trace of illicit drugs on it, you could face drug paraphernalia charges.
As with any other type of drug charge, our seasoned Charleston attorneys could work diligently to help you fight against the drug paraphernalia charges. We could examine the circumstances surrounding the initial search and seizure to see if we might be able to exclude the evidence. We could also argue that you were not the owner of the paraphernalia or that you had a legitimate purpose for the items in question.
Can You Face Criminal Charges for Possession of Drug Paraphernalia?
Generally, people found in possession of drug paraphernalia alone do not face criminal charges. Instead, they face civil charges. If you are a first-time offender, you would most likely face only a $500 fine. However, it is critical to fight drug paraphernalia charges because a prosecutor could potentially use the fact that you were in possession of drug paraphernalia to establish more serious criminal drug charges against you.
For example, if the police find that you have cocaine spoons in your possession, they might be able to charge you with criminal manufacturing or the intent to manufacture and distribute cocaine, even if they do not find any cocaine on the premises. Similarly, if the police find items that could be used as drug paraphernalia, such as individual baggies and rubber bands in addition to marijuana, you could face possession with intent to distribute, instead of simple possession charges.
Our dedicated Charleston legal team has extensive experience successfully handling a wide range of cases involving different accusations of drug paraphernalia.
Meet With a Charleston Drug Paraphernalia Attorney
If you are facing accusations that you had drug paraphernalia in your possession, your first instinct could be to pay the fine and move on with your life. However, admitting fault can be a mistake because although drug paraphernalia charges are usually civil offenses, the fact that you possessed drug paraphernalia could be used against you to build a criminal case.
We are prepared to defend you and fight for your rights. Meet with a hard-working Charleston drug paraphernalia lawyer from Adams & Bischoff today to learn about how we could help you.