How is it that possesion of so-called paraphernalia can get you jail time/fined but it's legal to purchase these items from 'head shops?' If it was that serious, wouldn't law enforcement just sit in parking lots and arrest people as they leave these shops?
2007-02-26 09:29:03 · 8 answers · asked by Tony H 2 in Politics & Government ➔ Law & Ethics
How is it that possesion of so-called paraphernalia can get you jail time/fined but it's legal to purchase these items from 'head shops?' If it was that serious, wouldn't law enforcement just sit in parking lots and arrest people as they leave these shops?
PS - For clarification, this question does not pertain to me directly, It's for my 20 year old step-son. And I'm not claiming his innocence at all. The law just seemed a little gray to me...
2007-02-26 09:59:37 · update #1
**sorry for the duplicate**
2007-02-26 10:14:39 · update #2
First, you have to remember that head shops sell a lot more than drug paraphernalia, and that many of the "drug" items they sell also have quite legitimate uses. So just looking at who goes out and booking them would be counterproductive : suits would be launched for abusive search and seisure, or even outright harassment... and the cops would lose.
On the other hand, drug paraphernalia, that is finding a number of items associated with the use of a given drug but that might otherwise be innocent in close proximity (for instance, rolling papers are ok... but without any tobacco, and in the same room as a roach clip, they tend to mean roaches...) gives strong presumption of drug use, even if actual illegal substances are not present at the moment of the search. So it's been made a crime of its own.
2007-02-26 09:42:57 · answer #1 · answered by Svartalf 6 · 1⤊ 0⤋
Speaking as the recovering addict that I am, why would anyone who doesn't have anything to do with drugs have the need for paraphernalia? I haven't found any creative need lately to replace my Pyrex bowl, or my one-hitter, or not even my favorite bong. I bet if you were to figure the odds of people buying these at the local head shops for displaying as a relic, you might find one out one hundred who would do so. But some dead beat druggie pal would soon enough have that stolen for themselves to use. So what's the deal with your question? Get popped recently? Uh oh!
2007-02-26 09:45:01 · answer #2 · answered by froggsfriend 5 · 0⤊ 0⤋
The head shops that sell these, sell them with the intention the buyer is going to use tobacco. After the items leave the shop they are considered drug paraphenalia because they COULD be used and probably will be used for drugs and not tobacco.
Just as a gun is to be used for self protection, hunting or target practice, if it is carried on your person without a license it is illegal just because you have no reason to carry it other than to commit a crime.
2007-02-26 09:35:42 · answer #3 · answered by billydeer_2000 4 · 1⤊ 0⤋
Because that paraphernalia is new and clean. That's why it says in head shops for tobacco use only. It's actually the drug residue that makes it paraphernalia.
2007-02-26 09:35:32 · answer #4 · answered by Anonymous · 2⤊ 1⤋
possesion of so-called paraphernalia can get you jail time/fined because there's usually drug substance/residue found on item of choice.(ex. MT soda can & safety pin: putcha weed in it)
2007-02-26 09:39:27 · answer #5 · answered by skinwalker 2 · 1⤊ 0⤋
Pipes and such are only considered paraphernalia when they have drugs or drug ressin in them....many people actually use the for what they are for and thats tobacco.....
2007-02-26 09:37:24 · answer #6 · answered by yetti 5 · 0⤊ 1⤋
Drug paraphanalia is only classified as that when it is found with drugs or it has drug residue on it, if you get caught with a water bong that only has tabbaco resin in the bowl they won't charge you.
2007-02-26 09:33:28 · answer #7 · answered by DjStabMasterArson 3 · 0⤊ 1⤋
It is only legal if u have tobacco loose to smoke. They are marheted as tobacco pipes.
2007-02-26 09:33:32 · answer #8 · answered by Anonymous · 0⤊ 1⤋