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Defending yourself against drug paraphernalia charges

It is possible to be charged with a drug crime without actually being found with any drugs in your possession. In an effort to control drug trafficking in Missouri, equipment known to be used in drug manufacturing processes or use is illegal to sell or have on your possession.

If enough evidence is found in regard to drug paraphernalia possession, you may be accused of drug trafficking or drug manufacturing, even if no drugs were found. If you have been found with drug paraphernalia on your person, it is important to understand how the law works in Missouri and how you should defend yourself on the charges.

What types of actions can lead to a drug paraphernalia charge in Missouri?

Drug paraphernalia charges typically arise when people attempt to sell, import or trade drug paraphernalia. One common strategy for law enforcement is intercepting mail. Therefore, when it is transported through interstate commerce, it is especially vulnerable. In addition, if you ever genuinely offer to sell drug paraphernalia, you can be charged for this action without the transaction being finalized.

How can an object be proven to be drug paraphernalia?

Many household items, such as needles and syringes, can have the potential to be used for manufacturing and administering drugs. This can make it problematic to define the difference between a normal household object and drug paraphernalia.

Federal law states that the distinction can be made through analyzing the context in which the item is being used. If there is reason to believe that the object is being used to administer drugs, or if a seemingly normal object is being sold in conjunction with a suspicious object, drug paraphernalia charges could still be brought.

One example might be a small scale that can be used for — among other things — weighing small quantities of drugs. If it is sold with other kitchen or postage scales, it would be less likely to be viewed as paraphernalia than if it were sold beside glass hookah pipes.

A strong defence to drug paraphernalia charges could be the argument that there is not sufficient evidence to suggest the items being sold were intended to be used to manufacture or administer drugs. If you have been accused of selling drug paraphernalia in the state of Missouri, it is vital that you establish a strong defense.

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