Fort Collins Drug Paraphernalia Attorney

Serving Clients in Larimer County & All of Northern Colorado

Drug paraphernalia is a term used to describe any items or materials used in connection with the manufacturing, selling, or using of illegal drugs. State and federal laws regulate the possession, sale, and manufacture of these items. In many states, it is illegal to possess any items that can be used to make, sell, or use illegal drugs. However, Colorado law is unique in that it permits the sale of drug paraphernalia, but makes it illegal to possess it in certain circumstances.

It is important to contact an experienced Fort Collins drug paraphernalia lawyer if you have been charged with a drug paraphernalia crime. Call our office at (970) 616-6668 or contact us online to request a case evaluation.

What Is Drug Paraphernalia?

Drug paraphernalia can be any item that is used to prepare, use, or conceal illegal drugs. The list of items that can be considered drug paraphernalia is long and can include many ordinary household objects, such as pipes, spoons, and baggies. In some cases, the presence of drug residue on an item, such as a pipe or spoon, can be enough to constitute drug paraphernalia.

Drug paraphernalia can include items such as:

  • Bongs
  • Pipes
  • Spoons
  • Needles
  • Baggies
  • Scale
  • Roach clips
  • Rolling papers
  • Grinders

Paraphernalia can also include any items that are used to manufacture, test, or package drugs, such as scales, baggies, and capsules. In some cases, even items that are not directly used in connection with drugs can be considered drug paraphernalia. For example, a person who is caught with a large amount of cash, which is believed to be the proceeds of drug sales, may be charged with a drug paraphernalia crime.

Drug Paraphernalia Laws in Colorado

Drug paraphernalia laws can vary from state to state. In Colorado, the sale of drug paraphernalia is legal, but the possession of it is not. However, there are some exceptions to this rule. For example, if you are at least 18 years old and you are in possession of drug paraphernalia for the sole purpose of using marijuana, you may not be charged with a drug paraphernalia crime. This is because marijuana is legal for recreational use in Colorado.

In addition, if you are at least 18 years old and you are in possession of drug paraphernalia for the sole purpose of using it to plant, cultivate, grow, or harvest marijuana, you may also not be charged with a drug paraphernalia crime.

However, if you are in possession of drug paraphernalia for any other reason, you may be charged with a drug paraphernalia crime, even if the items are completely unused and clean. In most cases, drug paraphernalia is charged as a petty offense. However, if you are at least 18 years old and you are in possession of drug paraphernalia, and you are in a place where people under the age of 18 are likely to be present, you may be charged with a class 2 misdemeanor.

If you are convicted of a drug paraphernalia crime, you may be sentenced to up to 1 year in jail and/or a fine of up to $1,000. In addition, you may also face other penalties, such as probation, community service, and mandatory drug counseling.

What Are the Consequences of Drug Paraphernalia Possession?

Drug paraphernalia possession is considered a criminal offense in Colorado. If you are convicted of a drug paraphernalia crime, you may face serious consequences that can have a long-lasting impact on your life.

Consequences of a drug paraphernalia conviction can include:

  • Probation
  • Community service
  • Drug counseling
  • Fines
  • Jail or prison sentence

In addition to these penalties, a drug paraphernalia conviction can also result in a criminal record, which can make it difficult to find a job and housing, and can also affect your ability to get a loan or attend school.

How to Fight Drug Paraphernalia Charges

If you have been charged with a drug paraphernalia crime, you may be wondering if there is anything you can do to fight the charges. In many cases, there are several defense strategies that can be used to get the charges dismissed or reduced. An experienced drug paraphernalia lawyer can review your case and help you determine the best way to proceed.

One potential defense to a drug paraphernalia charge is that the items in question are not actually drug paraphernalia. For example, if you are caught with a spoon and a lighter, you may be charged with a drug paraphernalia crime. However, if you can show that you use the spoon to cook and eat food, and you use the lighter to light your stove, you may be able to get the charges dismissed.

Another potential defense to a drug paraphernalia charge is that the items in question were obtained illegally. For example, if the police searched your car or your home without a search warrant, and they found drug paraphernalia, you may be able to get the charges dismissed.

Other potential defense strategies can include:

  • Mistaken identity
  • Entrapment
  • Problems with the chain of custody
  • Problems with the handling or storage of the evidence
  • Police misconduct
  • Crime lab errors
  • Lack of evidence

Drug paraphernalia cases can be complex, and the prosecution may have a lot of evidence against you. An experienced Fort Collins drug paraphernalia lawyer can review the evidence and help you determine the best way to proceed. In some cases, it may be in your best interest to accept a plea deal. In other cases, it may be in your best interest to take your case to trial.

At Rachel A. Michael, LLC, we have extensive experience representing clients in drug paraphernalia cases. We understand how the prosecution works, and we know what it takes to build a strong defense. We will fight tirelessly to protect your rights and your future. Call our office at (970) 616-6668 or contact us online to discuss your case with a drug paraphernalia lawyer in Fort Collins.

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