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Offense

Drug Paraphernalia Possession

Controlled Substance and Drug Offenses

The possession of equipment, products or materials primarily intended for use in manufacturing, concealing or consuming an illegal controlled substance, such as pipes, syringes, scales or packaging materials adapted for drug use. It is criminalized as a distinct, generally lesser offense from possession of the controlled substance itself in a number of jurisdictions, including under United States federal law and the law of many individual states, on the reasoning that such equipment facilitates drug use or distribution even when no controlled substance is found in the offender's possession at the time; some jurisdictions have narrowed or decriminalized the offense as part of broader harm reduction policies such as needle exchange programs.

Facts
Classification Code
21 U.S.C. section 863 (United States federal drug paraphernalia statute) 1
Typical Penalty
Under United States federal law, up to three years imprisonment plus a fine under Title 18 1
Notable Example
Hoffman Estates v. The Flipside, Hoffman Estates, Inc. (1982), in which the US Supreme Court upheld a municipal paraphernalia licensing ordinance 2
Jurisdiction Variation
In the United Kingdom, supplying an object for preparing a controlled drug carries a lower maximum penalty of six months imprisonment or a 5,000 pound fine in a magistrates court 2
Classification
Offense Grade
Infraction or Violation 1
Connections

Has Offense Grade

In the Other Atlases

Found In

Also in Geography Atlas: where this subject is found.

Sources
1. 21 U.S. Code Section 863, Drug paraphernalia (Cornell Law School Legal Information Institute)
  • Subsection (a), prohibited conduct
    sell or offer for sale drug paraphernalia
  • Subsection (b), penalty clause
    Anyone convicted of an offense under subsection (a) of this section shall be imprisoned for not more than three years and fined under title 18.
  • In Group: Drug Possession and Paraphernalia, Subsection (a)
    (1) to sell or offer for sale drug paraphernalia
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2. Drug paraphernalia (Wikipedia)
  • United Kingdom section, Misuse of Drugs Act 1971 section 9A
    It is criminal to supply or offer to supply an object for providing or preparing a controlled drug if believed it will be used unlawfully.
  • Notable legal case section
    The U.S. Supreme Court upheld a municipal ordinance requiring licensing for paraphernalia sales based on sufficiently distinguished marketing for illegal use.
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