If you’ve been charged with possession of drug paraphernalia in Michigan, you may be unsure of what that means or the penalties you could face. While these charges may seem minor, they can still result in legal consequences that affect your record and future. For more information and legal counsel, continue reading and contact a knowledgeable Marquette drug lawyer today.
What is Drug Paraphernalia?
Under Michigan law, specifically MCL Section 333.7451, drug paraphernalia refers to any type of equipment, product, material, or combination of equipment, products, or materials specifically used for planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzng, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise, introducing into the human body a controlled substance.
Common examples of this paraphernalia include:
- Isomerization devices specifically designed to increase the potency of any species of plant that is a controlled substance
- Testing equipment specifically designed to identify or analyze the strength, effectiveness, or purity of a controlled substance
- Scales or balances specifically designed to weigh or measure a controlled substance
- Diluents or adulterants specifically designed to be used with a controlled substance
- A spoon with a small diameter bowl and that is specifically designed to ingest, inhale, or otherwise introduce controlled substances into the human body
Whether or not an item qualifies as drug paraphernalia depends on the individual’s intent and the surrounding circumstances, not just the object itself.
Is Possession of Drug Paraphernalia Illegal in Michigan?
Possession of drug paraphernalia is generally illegal in Michigan if it is used or intended for use with controlled substances. However, enforcement of this law depends on the situation. Michigan has legalized recreational marijuana for adults aged 21 and older, meaning that certain paraphernalia may no longer be considered illegal.
However, paraphernalia tied to illegal drug use, like the unlawful sale of marijuana, can still lead to charges. Legal guidance is important to understand how current state laws apply to your case.
What Are the Penalties for Possession of Drug Paraphernalia in MI?
In many cases, possession of drug paraphernalia is charged as a misdemeanor offense. Penalties generally include imprisonment for up to 90 days and fines of up to $5,000. A person 18 years of age or older who sells or offers to sell an object specifically designed for inhaling nitrous oxide for recreational purposes or drug paraphernalia to a person less than 18 years of age is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year and a fine of not more than $7,500.
The actual penalties you incur will vary depending on the specific circumstances of the situation. For more information and skilled legal advice, reach out to an experienced attorney at Berger Law today.
