The possession of drug paraphernalia is a Class A misdemeanor in Tennessee and it is a separate charge that is typically associated with other charges, including drug production, intent to sell, and drug possession. If you receive a conviction for this charge, you may receive a jail sentence up to 11 months and a fine of up to $2,500. If you receive a conviction for possession with intent to deliver or sell illegal drugs, however, this is considered a Class E felony, which packs a stiffer penalty of up to two years in prison and a fine of up to $50,000.
Additionally, many household items that were not originally intended for drug use, such as a spoon, may be transformed into drug paraphernalia if someone uses it to use or produce drugs. Such factors will also be considered when dealing with a drug paraphernalia charge.
Factors Considered in a Drug Paraphernalia Case
When determining if an object should be considered drug paraphernalia, the courts will consider numerous factors.
Below is a list of some of these factors:
- The presence of an illegal substance on the object
- If the object provided instructions regarding the use or making of illegal drugs
- If the object is widely used for legal purposes
- The testimony of an expert witness regarding the object’s usage
- If the defendant has any prior drug-related convictions
There are many items that may be considered drug paraphernalia, which appear to be normal household objects.
Below are some of the most common drug paraphernalia items:
- Plastic bags or balloons
- Roach clips
- Chemicals or other materials that may be found in or associated with illegal drugs
- Scales or balances
Although many of these items were not specifically designed for illegal drug use or the production of illegal drugs, you may still face drug paraphernalia charges for having them in your possession if drug residue is found on them or if you have illegal drugs in your possession.
Contact Our Criminal Defense Team for the Fierce Legal Representation You Deserve
If you received a drug paraphernalia charge, you must take certain critical steps to protect your rights and freedom. At Patton | Pittman Attorneys, our criminal defense team will provide the fierce guidance you need to take on these charges, so you can receive the best possible results for your case. We understand this is a difficult time for you and will walk you through every step of this overwhelming process.
Reach out to our law office today at (931) 361-4477 to schedule an initial consultation with one of our esteemed attorneys.