What’s considered possession of drug paraphernalia? The New York Penal Code 220.50 specifically deals with drug paraphernalia as a misdemeanor offense. Click here for the specific penal code(s) pertaining to drug related misdemeanor offenses. In a nutshell, possession of drug paraphernalia relates to the use or sale of any product that’s used to assist in drug usage. This can be anything from a marijuana pipe to excessive amounts of stimulants used to manufacture methamphetamine products. If it’s clearly being used to facilitate drug trafficking, the penalties will increase. This would be items such as scales and packaging used to distribute the product. It’s also illegal to sell equipment or paraphernalia to others regardless of the reason for its use. The term “dirty paraphernalia” refers to whether there’s resin of some sort on the item in question. Examples of dirty paraphernalia can include syringes that are filled with drugs prior to use, scales with cocaine, methamphetamine, heroin, or any other type of drug resin. If the paraphernalia is dirty, you’ll most likely be charged with a misdemeanor offense. Drug free school zones and other protected areas may also significantly increase the penalties. The penalty for simple possession of dirty drug paraphernalia can lead to charges of up to one year in jail and a fine of up to $1,000. Selling drug paraphernalia could get you up to two years in jail and up to $5,000 in fines. The penalties for these offenses also increase in school zones and other protected areas.
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