# Posession of Drug Paraphernalia Laws **URL:** \ **Category:** Factual Questions\ **Created:** [September 6, 2001, 12:39pm UTC](https://boards.straightdope.com/t/posession-of-drug-paraphernalia-laws/80012 "2001-09-06T12:39:12Z")\ **Posts on this page:** 16\ **Page:** 1
**Author:** ![HeyHomie](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/heyhomie/32/207_2.png) [@HeyHomie](https://boards.straightdope.com/u/HeyHomie)\ **Post date:** [September 6, 2001, 12:39pm UTC](https://boards.straightdope.com/t/posession-of-drug-paraphernalia-laws/80012/1 "2001-09-06T12:39:12Z")
PLEASE PLEASE PLEASE PLEASE PLEASE, Let’s NOT turn this into a Great Debate about drug laws, and let’s NOT get this thread closed by disseminating information about how to break the law. * * * I’m always reading in our local “Police Beat” column in our [daily newspaper](http://www.sj-r.com) about how Such-n-Such Person was charged with Crime A, Crime B, and “…posession of drug paraphernalia.” Uhh, I can legally _buy_ all the drug paraphernalia I want at at least two retail locations in the greater Springfield area. Bongs from the sublime to the ridiculous; pipes; pipes disguised as something else (such as tubes of lipstick) so The Man doesn’t get suspicious; little gift sets that include a mirror, a razor, and a small plastic tube; candles specifically designed to cover the scent of marijuana; and more bongs. They take cash, local checks, and all major credit cards. So how is it that one can buy this stuff but not posess it? Is posession of drug paraphernalia a secondary offense; that it, you can only be charged with it if you’ve been charged with another, worse crime? What’s the deal? ---
**Author:** ![Ike\_Witt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ike_witt/32/283_2.png) [@Ike\_Witt](https://boards.straightdope.com/u/Ike_Witt)\ **Post date:** [September 6, 2001, 1:19pm UTC](https://boards.straightdope.com/t/posession-of-drug-paraphernalia-laws/80012/2 "2001-09-06T13:19:30Z")
All bongs and pipes are really marketed as being for tobacco. If you use it for tobacco, or if you don’t use it at all then you have no problem. If the paper mentions drug paraphernalia, then that means that there is evidence of drug use (resin, white powder residue). IIRC, bongs are illegal, used or not, in Canada. As with most things regarding the law, YMMV. ---
**Author:** ![ellen97](https://avatars.discourse-cdn.com/v4/letter/e/35a633/32.png) [@ellen97](https://boards.straightdope.com/u/ellen97)\ **Post date:** [September 6, 2001, 2:10pm UTC](https://boards.straightdope.com/t/posession-of-drug-paraphernalia-laws/80012/3 "2001-09-06T14:10:43Z")
What I got from my Criminal Law class freshman year, there has to be burnt marijuana residue on the pipe/bong/etc. Without any residue from pot, it’s legal to have paraphernalia ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [September 6, 2001, 2:11pm UTC](https://boards.straightdope.com/t/posession-of-drug-paraphernalia-laws/80012/4 "2001-09-06T14:11:32Z")
In Virginia, the law forbids anyone who: > [@](#): > > …sells or possesses with intent to sell drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it is either designed for use or intended by such person for use to illegally plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body marijuana or a controlled substance… Presumably, then, you can sell a bong by having signs about your store saying that this product is intended for tobacco use. As **adam yax** points out, if you’re caught with a bong and it has marijuana residue on it – and it’s amazing how small an amount can be detected these days – then you have run afoul of the law. This is not legal advice - for that, consult an attorney face to face. - Rick ---
**Author:** ![Amp](https://avatars.discourse-cdn.com/v4/letter/a/6a8cbe/32.png) [@Amp](https://boards.straightdope.com/u/Amp)\ **Post date:** [September 6, 2001, 2:19pm UTC](https://boards.straightdope.com/t/posession-of-drug-paraphernalia-laws/80012/5 "2001-09-06T14:19:02Z")
Another drug related question: Is there a distinction between having drugs for personal use and having drugs with the intent to sell them? Is the penalty for one harsher than the other? ---
**Author:** ![nineiron](https://avatars.discourse-cdn.com/v4/letter/n/e56c9b/32.png) [@nineiron](https://boards.straightdope.com/u/nineiron)\ **Post date:** [September 6, 2001, 2:33pm UTC](https://boards.straightdope.com/t/posession-of-drug-paraphernalia-laws/80012/6 "2001-09-06T14:33:09Z")
On a Boston radio station that I can pick up in my car, there are constantly these ads for a “Smoke Shop” where one can buy “water pipes and related smoking accessories.” They have the required disclaimer that all pipes are for tobacco use only (which is, of course, ridiculous, but there you have it). It is perfectly legal to buy a pipe. This is similar, I would suppose, to the use of “cigarette rolling papers.” Of course some people do roll their own tobacco cigarettes, but obviously there are people buying these for, um, other purposes. But you can’t then say that having pipes or rolling papers is illegal, just because some (read: most) folks use them for illegal substances. The aforementioned radio ads are funny because the poorly-imitated voices of Cheech and Chong are used to talk about the wide variety of water pipes (and apparently you can even make your own designs there), but then “Cheech” announces “all pipes are for tobacco use only, man.” “Chong” replies, “Whoa, bummer, man.” Cracks me up every time. ---
**Author:** ![Ike\_Witt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ike_witt/32/283_2.png) [@Ike\_Witt](https://boards.straightdope.com/u/Ike_Witt)\ **Post date:** [September 6, 2001, 2:41pm UTC](https://boards.straightdope.com/t/posession-of-drug-paraphernalia-laws/80012/7 "2001-09-06T14:41:57Z")
> [@](#): > > \*Originally posted by Bricker \* > \*\*In Virginia, the law forbids anyone who: > > > [@](#): > > > > …sells or possesses with intent to sell drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it is either designed for use or intended by such person for use to illegally plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body marijuana or a controlled substance… > > \*\* How strict is the enforcement of this law? Could you imagine a supermarket getting shut down because they sell Glad sandwich bags and Bic lighters? ---
**Author:** ![Badge](https://avatars.discourse-cdn.com/v4/letter/b/4bbf92/32.png) [@Badge](https://boards.straightdope.com/u/Badge)\ **Post date:** [September 6, 2001, 4:14pm UTC](https://boards.straightdope.com/t/posession-of-drug-paraphernalia-laws/80012/8 "2001-09-06T16:14:03Z")
In Washington state, it illegal to **use** paraphernalia, but not to possess it. To make a good charge of use of paraphernalia, there has to be residue and some evidence that the person possessing the item used it in our jurisdiction. However, if there is marijuana residue in the item, you can just be charged with possession of marijuana. Under state law, anything containing cannabinoids is considered to be marijuana. As to the earlier hijack post; Yes, penalties for possession with intent to deliver are far more harsh than those for simple possession. Proving intent to deliver usually involves establishing that the person has more than a normal person possesses for personal use, they have scales, baggies, etc. for packaging; notes of drug transactions are especially useful. ---
**Author:** ![epolo](https://avatars.discourse-cdn.com/v4/letter/e/b487fb/32.png) [@epolo](https://boards.straightdope.com/u/epolo)\ **Post date:** [September 6, 2001, 4:51pm UTC](https://boards.straightdope.com/t/posession-of-drug-paraphernalia-laws/80012/9 "2001-09-06T16:51:58Z")
> [@](#): > > \*Originally posted by Badge \* > **Under state law, anything containing cannabinoids is considered to be marijuana.** I appologize for continuing to hijack, but the combination of the quoted post and this [article](http://www.netsci-journal.com/97v1/97007/index.htm#The%20discovery%20of%20the%20%E2%80%98endocannabinoids%E2%80%99) on endogenous cannabinoids was too funny to pass up. In retrospect, I’m sure this joke has been made before but I’m still tickled by the image of WA state troopers confiscating someone’s brain. ---
**Author:** ![Hamlet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hamlet/32/2818_2.png) [@Hamlet](https://boards.straightdope.com/u/Hamlet)\ **Post date:** [September 6, 2001, 8:14pm UTC](https://boards.straightdope.com/t/posession-of-drug-paraphernalia-laws/80012/10 "2001-09-06T20:14:13Z")
**Rasta:** This is not legal advice, do not take it as so: Illinois Law regarding sale: > [@](#): > > Any person who keeps for sale, offers for sale, sells, or delivers for any commerical consideration any item of drug paraphernalia commits a Class 4 Felony … Any person 18 years of age or older who sells or delivers for any commercial consideration any item of drug paraphernalia to a person under 18 years of age is guilty of a Class 3 Felony. Illlinois Law regarding possession: > [@](#): > > Any person who knowingly possesses an itme of drug paraphernalia **with the intent to use it** in ingesting, inhaling, or otherwise introducing cannabis or a controlled substnace into the human body, or in preparing cannabis or a controlled substance for that use, is guilty of a Class A misdemeanor. Drug Paraphernalia is defined as: > [@](#): > > All equipment, products and materials of any kind which are peculiar to and marketed for use in planting, propagating, cultivating, growing harvesting, manufacturering, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body cannabis or a controlled substance. They go on to outline some specifics, including: water pipes, mini cocaine spoons, electric pipes, chillums, and bongs. All this boils down to is that if they can prove the stuff is “peculiar to and marketed for” use by drugs, it is illegal to sell it. I’ve seen a few of these Head shops in smaller towns actually get a few police visits in regards to the stuff they sell, but generally police are reluctant to actually charge the crime. As to actual possession of drug paraphenalia, they have to prove that you “intended to use it.” As others have pointed out, if there is residue, it’s usually pretty indicative of intent to use, but possession itself isn’t illegal unless you ahve the intent to use it. Hope this helped. ---
**Author:** ![HeyHomie](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/heyhomie/32/207_2.png) [@HeyHomie](https://boards.straightdope.com/u/HeyHomie)\ **Post date:** [September 6, 2001, 8:58pm UTC](https://boards.straightdope.com/t/posession-of-drug-paraphernalia-laws/80012/11 "2001-09-06T20:58:31Z")
All of this talk of _specifically stating_ that bongs sold retail are **for tobacco use only** (yeah, right :rolleyes: ) begs the question: does anybody actually buy a bong at a head shop and use it for tobacco? Does the (tobacco) smoke from a bong posess a certain quality that one can’t get from a cigarette or pipe? [sub]I’m ignorant on these matters, since I don’t smoke OR use drugs.[/sub] ---
**Author:** ![jmonster](https://avatars.discourse-cdn.com/v4/letter/j/dbc845/32.png) [@jmonster](https://boards.straightdope.com/u/jmonster)\ **Post date:** [September 6, 2001, 9:11pm UTC](https://boards.straightdope.com/t/posession-of-drug-paraphernalia-laws/80012/12 "2001-09-06T21:11:42Z")
Here in Chicago, the heat is apparently on: the local head shop has taken the bongs and pipes off the shelf (i.e., they are not for sale (unless, evidently, the girl working that day thinks you’re cute (or something))). Rolling trays, machines, and papers are still blatently for sale. I wonder how the law/its enforcement can be so wishy-washy; shouldn’t they just be illegal or not (but purely for tobacco use, of course ;))? **rastahomie** - I’ve smoked the contents of a clove cigarette through a water pipe, and boy did that suck. ---
**Author:** ![Ike\_Witt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ike_witt/32/283_2.png) [@Ike\_Witt](https://boards.straightdope.com/u/Ike_Witt)\ **Post date:** [September 6, 2001, 9:21pm UTC](https://boards.straightdope.com/t/posession-of-drug-paraphernalia-laws/80012/13 "2001-09-06T21:21:01Z")
> [@](#): > > \*Originally posted by jmonster \* > \*\ ***rastahomie** - I’ve smoked the contents of a clove cigarette through a water pipe, and boy did that suck. \*\* Here is a good thread for MPSIMS - What is the strangest thing that you have ever smoked out of a bong? I’d be embarassed to mention some of the things I’ve tried. ---
**Author:** ![occ](https://avatars.discourse-cdn.com/v4/letter/o/8c91f0/32.png) [@occ](https://boards.straightdope.com/u/occ)\ **Post date:** [September 6, 2001, 11:57pm UTC](https://boards.straightdope.com/t/posession-of-drug-paraphernalia-laws/80012/14 "2001-09-06T23:57:42Z")
> [@](#): > > \*Originally posted by Amp \* > \*\*Another drug related question: > > Is there a distinction between having drugs for personal use and having drugs with the intent to sell them? Is the penalty for one harsher than the other? \*\* If you’re in the US, definitely; most other countries, almost certainly. Being charged \ WITH INTENT is far harsher than the mere posession charge; those in power care alot more about stopping those who make big bucks selling the stuff than those who use it. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [September 7, 2001, 12:26am UTC](https://boards.straightdope.com/t/posession-of-drug-paraphernalia-laws/80012/15 "2001-09-07T00:26:35Z")
IANAL, this isn’t legal advice, etc. As I understand “intent to sell/distribute” laws, you can be charged with it on the basis of how much of a drug you’re found with. If one has an eigth-ounce of smoke or cocaine it’s likely it’s for personal use, whereas a pound of one of the above substances probably means one intends to sell/distribute. This [ACLU press release](http://www.aclu.org/news/2001/n082401a.html) tells of a victory over an attempt to radically expand the definition in that state of “drug paraphernalia.” ---
**Author:** ![Road\_Rash](https://avatars.discourse-cdn.com/v4/letter/r/a8b319/32.png) [@Road\_Rash](https://boards.straightdope.com/u/Road_Rash)\ **Post date:** [September 7, 2001, 12:41am UTC](https://boards.straightdope.com/t/posession-of-drug-paraphernalia-laws/80012/16 "2001-09-07T00:41:35Z")
The list of potential drug paraphenalia goes beyond Just smoking accesories. They extend to hydroponic-home gardining tools, heat lamps, ect. I have heard of hydroponic gardening dealers being harassed by the man. Using the “reasonably should know” clause from Virginia’s laws (as stated above) to judge, IMHO: A waterpipe? Yes. A Hookah? No. Lots of Arab American and hip white boys use it for tobacco. Rolling Papers? Americans over 80 and Europeans roll tobacco, but most likely. Hydroponics? The odds are quite good that a typical dealer gets lots of business from “hydro”-growers. But also so with hobby horticulturist. Crack Pipes? hell yeah. Many bongs are a work of art in themselves. These are all just my opinion. But there are enough excuses to use “paraphenalia”, and defense lawyers to back them up, without drugs to keep them on the market.