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What is “drug paraphernalia”? What is “possession of drug paraphernalia”?

Charged with Possession of Drug Paraphernalia in Wisconsin?

In Wisconsin, drug paraphernalia can include anything that you could use to grow, cultivate, or use illegal drugs. It can include pipes, needles, scales, and razors, among other items. The statute does not define clearly what constitutes paraphernalia. A wide range of objects can be deemed to be drug paraphernalia. On the other hand, the statute requires that, to be guilty of possession of paraphernalia, you must have some intent to use the device for illicit purposes. If you have been charged with possession of drug paraphernalia, a Criminal Attorney in Madison WI to discuss your case.

Understanding the Statute

The statute outlawing possession of drug paraphernalia states that any possession with intent to use an item to ingest controlled substances is illegal. This can include razors, credit cards, or virtually any hollowed out object that allows for drug use. Because of the breadth of what can qualify, this charge usually comes with a charge for possession or use of the drug itself.

The primary requirement in the statute is intent. The circumstances and surrounding evidence make a difference in whether intent can be inferred. A credit card next to a baggie of cocaine, for instance, provides a greater likelihood of a finding of intent than a credit card in your wallet in another room.

Possession Charges Outside of Direct Use

You do not have to be using drugs directly to be arrested for possession of drug paraphernalia. If you have items on hand to help grow, manufacture, or ingest a controlled substance, that can be enough to trigger the statute as well. Thus, evidence that you are growing marijuana or manufacturing crystal meth, for example, can bring attendant items under the statute.

If you are charged with possession of drug paraphernalia, it can carry significant consequences in addition to any other drug charges you face. You need strong legal representation to help defend yourself. Eisenberg Law Offices can help protect you.