6.617 — POSSESSION OF DRUG PARAPHERNALIA (TIER 2)

Violations of "Statute 6.617" results in a Class F Felony

(a) Definitions

Possession of drug paraphernalia (Tier 2) refers to the unlawful possession of items specifically designed or intended to be used in the manufacturing, preparation, or consumption of controlled substances. Tier 2 paraphernalia includes more specialized or advanced items used in drug production, distribution, or consumption, such as scales, grinders, syringes, cooking utensils for drug preparation, or devices used for the extraction or refinement of illegal substances. These items are typically associated with more serious drug-related activities than those in Tier 1, and possession of such paraphernalia can indicate an intent to engage in drug trafficking, distribution, or high-level drug abuse.

(b) Elements

To establish the offense of possession of drug paraphernalia (Tier 2), the prosecution must prove beyond a reasonable doubt the following elements:

The defendant knowingly and intentionally possessed one or more items that are classified as drug paraphernalia under the law.
The items in the defendant’s possession were designed or used for the purpose of manufacturing, preparing, or consuming illegal drugs.
The defendant was aware, or should have been aware, that the items were intended for use in illegal drug activities.
The defendant did not have a legitimate purpose for possessing the drug paraphernalia, and the items were not used for lawful purposes such as in a medical or scientific context.
The items possessed were of a nature or quantity that suggests the defendant was involved in the distribution, manufacture, or high-level use of controlled substances.

(c) Defenses

Defenses against a charge of possession of drug paraphernalia (Tier 2) may include:

The defendant did not possess the items in question, and the evidence is insufficient to prove that they had control or ownership of the items.
The defendant was unaware that the items were drug paraphernalia, and they were either unaware of the illegal nature of the items or believed them to be used for lawful purposes.
The defendant was in possession of items that had a legitimate medical or scientific purpose, such as equipment used in research, not for drug use or production.
The defendant’s possession of the paraphernalia was incidental or unintentional, and they did not have the intent to use the items in relation to illegal drug activity.

(d) Aggravating Factors

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

The defendant was found with a large quantity of paraphernalia, suggesting an intent to distribute or manufacture illegal drugs.
The paraphernalia was associated with the production or distribution of highly dangerous substances, such as methamphetamine, heroin, or fentanyl.
The defendant has prior convictions for drug-related offenses, especially for manufacturing, distributing, or trafficking controlled substances.
The paraphernalia was found in close proximity to illegal drugs, firearms, or large sums of cash, indicating involvement in organized or high-level drug operations.
The defendant was engaged in the sale or distribution of drugs and used the paraphernalia as part of that criminal enterprise.

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(a) Definitions

(b) Elements

To establish the offense of possession of drug paraphernalia (Tier 2), the prosecution must prove beyond a reasonable doubt the following elements:

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

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

The defendant was aware, or should have been aware, that the items were intended for use in illegal drug activities.

The defendant did not have a legitimate purpose for possessing the drug paraphernalia, and the items were not used for lawful purposes such as in a medical or scientific context.

The items possessed were of a nature or quantity that suggests the defendant was involved in the distribution, manufacture, or high-level use of controlled substances.

Defenses against a charge of possession of drug paraphernalia (Tier 2) may include:

The defendant did not possess the items in question, and the evidence is insufficient to prove that they had control or ownership of the items.

The defendant was unaware that the items were drug paraphernalia, and they were either unaware of the illegal nature of the items or believed them to be used for lawful purposes.

The defendant was in possession of items that had a legitimate medical or scientific purpose, such as equipment used in research, not for drug use or production.

The defendant’s possession of the paraphernalia was incidental or unintentional, and they did not have the intent to use the items in relation to illegal drug activity.

(d) Aggravating Factors

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

The defendant was found with a large quantity of paraphernalia, suggesting an intent to distribute or manufacture illegal drugs.

The paraphernalia was associated with the production or distribution of highly dangerous substances, such as methamphetamine, heroin, or fentanyl.

The defendant has prior convictions for drug-related offenses, especially for manufacturing, distributing, or trafficking controlled substances.

The paraphernalia was found in close proximity to illegal drugs, firearms, or large sums of cash, indicating involvement in organized or high-level drug operations.

The defendant was engaged in the sale or distribution of drugs and used the paraphernalia as part of that criminal enterprise.