Many people arrested due to the possession of prohibited or controlled substances face drug possession charges. It is a crime to own or consume many different substances. Depending on the type of drug and how much of it police officers find, possession charges could be misdemeanor or felony offenses.
Occasionally, the state may pursue more aggressive charges against individuals accused of possessing substances they should not. For example, prosecutors might accuse someone of possession with intent to distribute the substance to others. Such charges are often felony offenses. The defendant does not necessarily need to have a history of drug trafficking for the state to justify those enhanced charges. Sometimes, simply having the wrong household items could lead to the state bringing more serious drug charges against the accused party.
Some items can be drug paraphernalia
Many people think of consumption tools when they think of drug paraphernalia. Specifically, they think of glass pipes and syringes that people may use to ingest drugs as common forms of paraphernalia. However, seemingly benign household items can also look like drug paraphernalia to those familiar with the drug trade.
For example, small scales can play a role in drug trafficking. Both digital scales that weigh by the gram and postage scales can look like tools of the drug trade to some law enforcement professionals. Other items commonly found in people’s kitchens could also look like drug trafficking paraphernalia. Sandwich baggies and even disposable plastic straws can sometimes serve as the individual packaging used for the distribution of illicit substances.
The presence of those items in someone’s home or vehicle might be enough to convince state prosecutors to bring more serious charges against a defendant. Possession with intent to distribute can lead to not just harsher penalties but also a more problematic criminal record. If there is any upside to the state pursuing more serious charges, it is that those harsher charges increase the burden of proof imposed on the prosecutor.
There are numerous viable defense strategies that those facing possession with intent charges could use in court. Reviewing the state’s evidence with a skilled legal team can help people choose a criminal defense strategy that could help them avoid a life-altering criminal conviction.
