Under Arkansas law, the consideration of “drug paraphernalia” can consist of anything one could imagine. The definition of paraphernalia includes the lab equipment type material that everyone would expect. However, everyday household items such as:
- Mixing device
- “An aluminum foil boat”
How to decide if something is drug paraphaenial
The intent used for the item is the primary factor that plays into the decision of the severity of the crime, including the type of drug meant for the item. Several different factors go into play when deciding the punishment of having drug, including but not limited to:
- Statements by the owner
- Prior convictions
- The proximity of the object to a drug
- Whether there is drug residue on the item
These factors are only a small portion, and a large part is decided by the type of drug used with the item.
What happens when the court decides you have paraphernalia?
After a court has decided that the item in question is considered drug paraphernalia, the next step is determining the severity of the crime. This brings in two more considerations:
- What type of drug used
- How the item is used
With Arkansas drug laws, the penalty is based on the drug used and the classification of the drug. Meaning if the drug used with the item is marijuana, then the penalty is only a Class A misdemeanor in Arkansas. However, if the item is used to produce or conceal the following charges can happen;
- Marijuana = Class D felony
- Cocaine = Class D felony
- Meth = Class B felony
When it comes to disputing items that fall under drug paraphernalia, it is always wise to seek legal counsel. By reaching out to an expert lawyer in the field, you will be more likely to have a fighting chance.