6.616 — POSSESSION OF DRUG PARAPHERNALIA (TIER 1)

Violations of "Statute 6.616" results in a Class B Misdemeanor

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(a) Definitions

Possession of drug paraphernalia (Tier 1) refers to the unlawful possession of items specifically intended for or designed to assist in the manufacturing, preparation, or consumption of illegal drugs. Tier 1 paraphernalia includes items commonly used for the use of controlled substances that are not directly related to the production of drugs but are primarily designed for consumption. These items may include pipes, rolling papers, bongs, syringes, and other implements typically associated with recreational drug use. The offense involves the possession of such items with the knowledge of their purpose and with the intent to use them for illegal drug-related activities..

(b) Elements

To establish the offense of possession of drug paraphernalia (Tier 1), the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant knowingly and intentionally possessed one or more items that are classified as drug paraphernalia under the law.

2. The items in the defendant’s possession were designed or used for the purpose of consuming, preparing, or facilitating the use of illegal drugs.

3. The defendant was aware, or should have been aware, that the items in their possession were intended to be used for illegal drug activities.

4. The defendant did not have a legitimate or legal purpose for possessing the drug paraphernalia, and the items were not intended for a lawful use such as medical or industrial purposes.

(c) Defenses

Defenses against a charge of possession of drug paraphernalia (Tier 1) may include:

1. The defendant did not possess the items in question, and the evidence of possession is insufficient to establish their involvement.

2. The items in the defendant’s possession were not drug paraphernalia but were instead intended for a lawful purpose, such as legitimate medical or industrial use.

3. The defendant was unaware that the items were drug paraphernalia and did not have knowledge of their illegal use.

4. The defendant was not in control of the area where the paraphernalia was found, and therefore cannot be held responsible for its possession.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

1. The defendant was in possession of a significant quantity of drug paraphernalia, suggesting an intent to distribute or facilitate the use of illegal drugs on a larger scale.

2. The paraphernalia was found in close proximity to illegal drugs or other evidence of drug-related activity, indicating a more serious violation.

3. The defendant had a prior criminal history of drug-related offenses, demonstrating a pattern of behavior consistent with illegal drug use or distribution.

4. The paraphernalia was intended for use with highly dangerous or illegal drugs, such as heroin or methamphetamine, which pose a greater risk to public health and safety.