I live in a small town where there is a police officer that is doing something that does not seem right/legal to me. When he is finding people with marajuana, he is writing 2 citations. One for possession of marajuana and one for possession of paraphernalia for the baggy the pot is in. Each ticket is $165. Usually they just tell the people to pay the fines and no record will be filed with the court. This seems curropt to me. Is a baggy really legally considered drug paraphernalia?????
2006-09-12 04:26:30 · 23 answers · asked by JRandy 2 in Politics & Government ➔ Law & Ethics
In a sense, both answers might be right. I am looking now through case law. Plastic bags can certainly be "drug paraphernalia" along with scales, etc.
When a small quantity of marijuana is contained within a single plastic bag, there is some doubt.
I will modify this answer if and when I find something concrete. I've found no cases that meet what I wrote in the preceding paragraph.
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There are 111 reported cases that involve conviction for drugs AND paraphernalia where plastic bag(s) were involved. A quick run-through show none where the charge involved a single bag or marijuana.
State v. Wright, 2004 PA Super 87; 846 A.2d 730 (2004) involved: "The object which Appellant threw to the ground was retrieved and was determined to be a clear sandwich baggie containing 58 clear plastic bags of crack cocaine. A search of Appellant's person yielded an orange Ziploc bag of marijuana, two vials of marijuana, a cellular phone, and $ 80.00 in cash."
I think it is exorbitant to charge a defendant with possession of drug paraphernalia when there is a single baggie containing marijuana for personal use. I think a defendant would have a good chance of winning in court. On the other hand, some judges are crazy. One of the cases I read was from Louisiana where a poor woman got 30 years for possession of some crack cocaine and plastic bags. On appeal the sentence was found "excessive, akin to a sentence appropriate for rape and murder" -- as indeed it was.
You can read the Wright case at http://www.lexisone.com -- free registration is required. Click the circle marked "search by citation" and type in "846 A.2d 730"
2006-09-12 05:14:04 · answer #1 · answered by Anonymous · 6⤊ 0⤋
on it's own?, no a baggy is not paraphernalia, but when there is pot residue or evidence there is/was pot ( marijuana ) in it yes that is considered paraphernalia. and as far as the officer giving double citations that's just a good deal to me.. i would rather pay the extra $165.00 and have no record of the offense. see most of the time all they want to do is bring in revenue to their district. most cops other than state troopers ( depending on where you live they may be called something different ) will gladly let you just pay the fine and go about your day... don't forget.. police are people also and they don't want to see people waste the rest of their lives because of 1 or 2 stupid youth full decisions... have a heart and accept the paraphernalia ticket in exchange for the clean record, you'll be thanking him later on i promise you that!!
2006-09-12 04:34:23 · answer #2 · answered by turtle 2 · 1⤊ 0⤋
It can be, but that is usually done when the drugs aren't present, and only a residue is left in the baggie. Sounds like he's double dipping on the offense getting more money for the city when they pay the fine without contesting it. But it really depends on how the local laws are written concerning this. Check with an attorney for more accurate and up to date information.
2006-09-12 04:31:14 · answer #3 · answered by Blunt Honesty 7 · 2⤊ 0⤋
as long as the baggie can be connected to the drug yes it can. so can rolling papers. On their own they are harmless paper and plastic.Add a seed a stem or pot it's self makes it paraphernalia. I had a friend in fla that went to jail for rolling papers and a few seeds. How about that??
2006-09-12 04:57:57 · answer #4 · answered by autumnbrookblue 4 · 1⤊ 0⤋
Yes! At least in oregon. My son had a bag with residue and he was luckily just made to do treatment. But the cops said for sure it was considered paraphernalia. Just letting the Oregonians know
2015-11-05 16:11:24 · answer #5 · answered by alex 1 · 0⤊ 0⤋
For possession of drug paraphernalia, they're going to probable ought to coach that the pipe is used for hashish, probable with the help of working a THC attempt. besides, a class C misdemeanor isn't a great deal. you probable gets some probation and fines.
2016-11-07 04:18:37 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If the baggy has residue or drugs in it it seems it could be construed as paraphanalia. Cops write multiple tickets because usually one or more charges will be dropped in court if you plead guilty to the other.
2006-09-12 04:29:51 · answer #7 · answered by c.arsenault 5 · 2⤊ 0⤋
I agree with Hmmm that's not paraphrenalia. So, if they find a small amount of marijuana on the seat of your car, are they going to classify your car as paraphrenalia? No.
I don't understand the pay the fine and no record will be filled with court. Unless they're meaning, to avoid a court date, pay the fine? Screw it, I'd go before the judge, that'd stop they're little game real quick. Unless of course, your judge is also your sheriff, court clerk, state attorney.........j/k lol
2006-09-12 04:39:46 · answer #8 · answered by tikitiki 7 · 0⤊ 1⤋
It depends with what the baggy is associated with. If it was found with other drug paraphernalia, then yes. if it was found in a cupboard in a box, then no.
2006-09-12 04:33:18 · answer #9 · answered by kwahaddi 3 · 2⤊ 0⤋
Yes...if the bag has residue in it. If it wasn't legal, then the judge would throw it out and just give them the drug charge for possession. And the city is making more money this way. Most people should just realize...they (judges, officers) know whats best and we should just comply.....well...thats what "they" want us to believe.
2006-09-12 04:34:44 · answer #10 · answered by lisa46151 5 · 1⤊ 1⤋