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Possession of Drug Paraphernalia

Posted on May 9, 2013 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

In Kentucky first offense possession of drug paraphernalia, commonly referred to as PDP, is a misdemeanor charge.  KRS 218A.500 makes possession of paraphernalia a class A misdemeanor under Kentucky law.  A class A misdemeanor is punishable by up to 12 months in jail and/or $500 fine plus court costs.  People generally view items such as postage scales, bongs and hypodermic needles as drug paraphernalia.

KRS 218A.510 spells out factors to consider when the court determines if an object is considered drug paraphernalia.  There are a multitude, but given the broad definition almost anything can be considered drug paraphernalia.  Given the right set of circumstances, items as simple and ordinary as duct tape, Gatorade bottles and a cigarette pack.  In other circumstances, items such as rolling papers, postage scales and hookah pipes may be legitimately used and if no drugs are present, there may be no crime committed.

Originally the idea of drug paraphernalia was to have separate charges if the drugs are unavailable or if the police believe that a person is trafficking without enough proof.  More recently, it is utilized to add charges to virtually any drug arrest.  Prior to 2010, a second offense of PDP was a felony under Kentucky law.  Fortunately, the law changed which made drug paraphernalia a non-enhanceable crime.

If you have been charged with Possession of Drug Paraphernalia, possession or trafficking, you need to speak with an attorney.  In Northern Kentucky, contact Michael Bouldin for a consultation.  Call Mike at 859-581-6453 (581-MIKE) or email at mwbouldin@fuse.net.