The drug laws in Boston are tough. The penalties for conviction of a drug crime can include a term of incarceration or a lengthy period of probation. You may not realize that even the possession of a pipe or other “drug paraphernalia” could lead to an arrest and conviction for a drug crime as well. A better understanding of the Boston drug paraphernalia laws may help you avoid an arrest and conviction. Possession of drug paraphernalia in Boston can be a criminal offense. The term “drug paraphernalia” is a rather broad term that includes numerous items that are commonly used to grow, weigh, separate, prepare for sale, or use a controlled substance. Among the list of items found in the Massachusetts General Laws definition of paraphernalia is the following: “objects used, primarily intended for use or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body” A pipe fits within this definition. Not all pipes, however, are used to inhale controlled substances. In determining whether or not an object is drug paraphernalia, the law considers a number of factors, including:
- the proximity of the object, in time and space, to a direct violation of this chapter
- the proximity of the object to controlled substances
- the existence of any residue of controlled substances on the object
- instructions, oral or written, provided with the object concerning its use
- descriptive materials accompanying the object which explain or depict its use
- national and local advertising concerning its use
- the manner in which the object is displayed for sale
- whether the owner, or anyone in control of the object, is a supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products
- direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise
- the existence and scope of legitimate uses for the object in the community
- expert testimony concerning its use
The potential punishment for a drug paraphernalia conviction is not less than one year and not more than two years in jail or prison and/or a fine of not less than five hundred and not more than five thousand dollars. If you have been charged with a drug paraphernalia offense in Boston, contact an experienced Boston criminal attorney to defend you.
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