Possession of Drug Paraphernalia

by on May 9, 2013

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.

 

{ 1 trackback }

Attorney Scope
March 13, 2014 at 5:25 am

{ 3 comments… read them below or add one }

Michael Bouldin March 13, 2014 at 10:00 am

Not really. Some website owners/bloggers take the time to research and post interesting information that can be of benefit to others. Others, such as AttorneyScope simply try to piggyback on others and fraudulently take advantage of those without the insight. Fortunately for me, I review comments prior to allowing them on my site. This is really spam and I should be offended, however I choose to be more optimistic and view this as jealousy of a superior site.

DUI Attorney In Maryland June 20, 2014 at 6:51 am

He would show you the exact way of how best to fight the case and establish your claims. Building from scratch can raise the cost significantly especially if the restaurant is a franchise where specific building requirements must be followed.
He well scrutinizes all details of the case and surely contributes for the best justice to take place.

Michael Bouldin June 20, 2014 at 8:56 am

Thank you for the vote of confidence. Many times DUI defense strategies can be extensive. A NOT GUILTY verdict is worth the effort.

Leave a Comment

Previous post:

Next post: