At Emerald City Law Group, a Seattle drug paraphernalia possession lawyer will fight vigorously on your behalf for the lessening or elimination of the charges and penalties threatening your future.
In Washington, it is illegal to sell, deliver, or manufacture illegal drugs. Additionally, it is also a criminal act to use, give, or sell drug paraphernalia of any type. A charge for possession of drug paraphernalia in Seattle combined with one or more of these associated activities can put you in significant legal jeopardy, leaving you open to penalties that can unfavorably affect your life going forward.
Types of Drug Paraphernalia
Devices commonly linked to the possession of drug paraphernalia include:
- Chamber pipes
- Water pipes
- Wooden, stone, metal, plastic, glass, ceramic, or acrylic pipes
- Air-driven pipes
- Carburetion tubes and devices
- Ice pipes or chillers
- Carburetor pipes
- Miniature cocaine spoons
- Cocaine vials
- Electric pipes
- Smoking and carburetion mask
Use of Drug Paraphernalia and Penalties
Per the Revised Code of Washington (RCW) 69.50.412, an individual in the state of Washington is guilty of the unlawful use of drug paraphernalia if they use it to manufacture, plant, produce, propagate, grow, cultivate, harvest, convert, prepare, process, analyze, test, pack, repack, contain, store, ingest, inject, conceal, inhale, or in any other way place into their system any controlled substance with the exception of marijuana.
Washington designates the crime of unlawful use of drug paraphernalia as a misdemeanor. According to RCW 9A.20.021, the crime carries the following penalties:
- Up to 90 days in jail
- Fines reaching $1,000
Possession, Possession with Intent to Deliver, or Delivery of Drug Paraphernalia and Penalties
RCW 69.50.412 addresses persons guilty of possession of drug paraphernalia, and possession with intent to deliver, or delivery of drug paraphernalia. The law assigns guilt to individuals who deliver, possess with intent to deliver, or manufacture with intent to deliver such paraphernalia when knowing that the paraphernalia will be used to plant, cultivate, propagate, manufacture, grow, harvest, compound, produce, convert, prepare, process, test, analyze, pack, repack, store, conceal, contain, ingest, inject, inhale, or in any other manner place into the body any type of controlled substance, excluding marijuana.
Possession of drug paraphernalia or delivery of drug paraphernalia under Washington law is a misdemeanor. It carries the following penalties:
- A jail sentence of up to 90 days
- Maximum $1,000 fine
Delivery of Drug Paraphernalia to Persons Under 18 and Penalties
If an individual at least 18 years of age delivers drug paraphernalia to someone below the age of 18 with an age difference between the two of at least three years, the adult offender is guilty of a gross misdemeanor. Under RCW 9A.20.021, this crime carries the following penalties:
- Maximum 364 days in jail
- Up to $5,000 in fines
Possible Defenses to a Possession of Drug Paraphernalia Charge
There are several defenses against a charge for possession of drug paraphernalia or other related drug crimes, including:
The Drug Paraphernalia is Not Yours
One common defense to the charge of possession of drug paraphernalia is that the items in question do not belong to you. Simply residing within close proximity to drug paraphernalia is not sufficient enough evidence to obtain a conviction. Our Seattle drug paraphernalia possession lawyer will fight vigorously against any claim that you were in possession of drug paraphernalia. The owner of the vehicle may be considered to have constructive possession of anything in the vehicle. However, if you are not the owner of the car, you are not legally responsible for the vehicle’s contents.
The Suspected Item is Not Drug Paraphernalia
Simply possessing one or more items of suspected drug paraphernalia is not necessarily enough to land you a conviction. Possession of a bag, pipe, or piece of foil is not against the law. The prosecutor in your case must demonstrate your intent to use the paraphernalia with some type of controlled substance. We may be able to defeat any charge of possession you face if there is no drug residue present on the paraphernalia in question, or if the paraphernalia has never been used.
You Were Not Aware the Drug Paraphernalia was in the Vehicle
Even if you own the car in which drug paraphernalia was found, it may not belong to you. As a result, you may be able to use the defense of unwitting possession of drug paraphernalia. With sufficient facts available, we may be able to demonstrate that another person or persons placed the paraphernalia in your vehicle without your knowledge.
Talk to a Seattle Drug Paraphernalia Possession Lawyer Today
If you have been arrested for unlawful possession of drug paraphernalia or other related crimes in the state of Washington, Emerald City Law Group understands the difficult situation you face. We have the resources and experience necessary to fight effectively against the prosecution’s case and work toward the best possible result on your behalf.