North Carolina law provides specific guidelines regarding the possession of drug paraphernalia. N.C.G.S. § 90-113.22 outlines what constitutes illegal possession of drug paraphernalia and the potential consequences of violating this law.
That’s different than N.C.G.S. N.C.G.S. § 90-113.22A, which deals with Possession of Marijuana Drug Paraphernalia.
There’s more to the paraphernalia laws now than in years past. There’s a difference between marijuana vs paraphernalia for other controlled substances.
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"If you have possession of drug paraphernalia charges in Charlotte, we’re here to help."
- Bill Powers, Charlotte Criminal Defense Attorney
What is Considered Drug Paraphernalia in NC?Under N.C.G.S. § 90-113.22, drug paraphernalia includes equipment, products, or materials used to analyze, cultivate, store, prepare, package, harvest, manufacture, propagate, test, grow, contain, process, compound, convert, repackage, produce, plant, or conceal a controlled substance other than marijuana. It also includes items used to inhale, inject, or ingest a controlled substance other than marijuana into the human body.
Common examples of drug paraphernalia might include:
- Syringes or needles
- Scales
- Cutting agents
- Small baggies or containers
- Certain types of pipes or smoking devices
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Key Elements of the NC Drug Paraphernalia Law- Knowledge: The law specifies that a person must "knowingly" use or possess the paraphernalia with intent to use it for illegal drug-related purposes.
- Intent: Mere possession of the suspected paraphernalia isn't enough; there must be an intent to use the item for activities related to the illegal use of controlled substances other than marijuana.
- Specific Activities: The law lists various activities related to controlled substances for which the paraphernalia might be used, from cultivation to consumption.
- Exclusion of Marijuana: This statute specifically excludes marijuana-related paraphernalia, which is covered under a separate statute (N.C.G.S. § 90-113.22A).
What are the Penalties for Possession of Drug Paraphernalia in North Carolina?A violation of N.C.G.S. § 90-113.22 is classified as a Class 1 misdemeanor.
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In North Carolina, Class 1 misdemeanors are punishable by up to 120 days in jail and a fine, the amount of which is determined by the court.
Exceptions and ProtectionsThe NC drug paraphernalia statute includes several important exceptions and protections:
- Hypodermic Needle Disclosure: If a person discloses to an officer the presence of a hypodermic needle or other sharp object before a search, they cannot be charged with possession of drug paraphernalia for that item or for residual amounts of a controlled substance in it.
- Testing Equipment: It's not unlawful for a person who uses or intends to use a controlled substance to possess testing equipment for identifying or analyzing the strength, effectiveness, or purity of that substance.
- Harm Reduction Organizations: Governmental or non-governmental organizations that promote scientifically proven ways of mitigating health risks associated with drug use are allowed to possess and distribute testing equipment.
Example ScenarioTo illustrate how this law might be applied, let's consider a hypothetical scenario in Charlotte, Mecklenburg County:
Sarah is a 25-year-old Charlotte resident. One evening, she's driving through the South End when she's pulled over by Charlotte-Mecklenburg police officers for a broken taillight.
The officers claim they smell something suspicious and ask to search Sarah's car. Sarah initially refuses but eventually consents to the search after the officer opens Sarah’s car door and pulls her from the vehicle.
Officers find a small digital scale with white residue in the glove compartment and several small plastic baggies.
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Officers arrest Sarah and take her to the Mecklenburg County Jail for processing. The jail in Charlotte is located at 700 E. 4th Street, Charlotte, NC 28202.
While at the Intake Facility for processing, including fingerprints and “mug shot” photographing, officers find a glass pipe on the floor near Sarah is seated.
Sarah claims she uses the scale for baking and the baggies for organizing small craft supplies. She says she doesn't know anything about the pipe.
Sarah is charged with possession of drug paraphernalia under N.C.G.S. § 90-113.22. The prosecution would need to prove that:
- Sarah knowingly possessed the items.
- She intended to use these items for drug-related purposes involving controlled substances other than marijuana.
- The items fall under the definition of drug paraphernalia as outlined in the statute.
- Use of those items is for illegal purposes and not for an otherwise lawful purpose.
Sarah's defense attorney might argue that:
- Sarah didn't know about some of the items, particularly the pipe (challenging the "knowingly" element).
- The items have legitimate, non-drug-related uses (challenging the intent element).
- The search of Sarah's car may have been illegal, potentially violating her Fourth Amendment rights.
This example demonstrates the complexity of these cases and the importance of understanding the specific elements of the law.
Legal Considerations and Defenses to Paraphernalia Charges in CharlotteIf you're charged under N.C.G.S. § 90-113.22, it's helpful to remember:
- Burden of Proof: The state (the Assistant District Attorney) must prove the prima facie elements of the offense beyond a reasonable doubt.
- Presumption of Innocence: Under the Constitutions of North Carolina and the United States, everyone charged with a crime is presumed innocent until proven guilty. You are not required to testify or present evidence in your defense. The State carries both the burden of proof and production.
- Intent: As a specific intent crime, the prosecution must prove you intended to use the item for illegal drug-related purposes involving controlled substances other than marijuana.
- Search and Seizure: The Fourth Amendment protects against unreasonable searches and seizures. If the paraphernalia was found during an illegal search, it might be possible to have the evidence suppressed.
- Lack of Knowledge: If you can demonstrate that you didn't know the item was in your possession or didn't know it was drug paraphernalia, this could be a valid defense.
- Legal Use: Many items that could be considered drug paraphernalia also have legal uses. This could be a defense if your criminal defense lawyer can show the item was intended for legal use.
Changes in North Carolina's Approach to Drug ParaphernaliaNorth Carolina's stance on drug paraphernalia is shifting, somewhat reflecting broader national trends. While the state maintains strict laws against possession, recent amendments to N.C.G.S. § 90-113.22 show a nuanced approach:
- Harm reduction focus: The law now includes provisions supporting safer drug use practices.
- Protection for needle disclosure: Individuals who inform officers about needles before a search are shielded from certain charges.
- Allowances for testing equipment: The statute permits possession of tools to check drug purity and strength.
These changes suggest North Carolina is balancing law enforcement with public health concerns, recognizing the complex nature of substance use issues.
Legal Assistance for Drug Paraphernalia Charges in Charlotte - Attorney Bill Powers Facing charges under N.C.G.S. § 90-113.22 in Charlotte, North Carolina in Mecklenburg County?
We think legal representation is helpful, especially for criminal allegations classified as a Class 1 Misdemeanor. Criminal defense lawyers:
- Explain your legal rights
- Identify potential defense strategies
- Navigate the complexities of the legal system
- Advocate for your best interests
- Explain your individual circumstances to the prosecutor and judge, as appropriate
At Powers Law Firm PA, Charlotte Criminal Defense Lawyer Bill Powers has handled drug paraphernalia cases for more than 30 years!
Every situation is different, and the specifics of your case matter.
Want to discuss your options? Contact our office:
Wrapping Up: Drug Paraphernalia Charges in CharlotteN.C.G.S. § 90-113.22 is relatively complex. Various factors can influence how cases proceed in court. If you're dealing with possession of drug paraphernalia allegations in Charlotte, North Carolina, Mecklenburg County, understanding this law is an important first step.
Facing possession of drug paraphernalia charges in Charlotte? Have questions about how this statute applies to you? Reach out to our team. We're here to provide guidance tailored to your circumstances. Call now: 704-342-4357