Drug Related Objects

Drug related objects can include quite a lot of things.

The object can be a machine, instrument, tool, equipment, contrivance or device.

It has to  be one that the average person would reasonably conclude is intended to be used for one or more of the following:

  • to introduce an illegal controlled substance or dangerous drug into the human body
  • to enhance the effect of an illegal controlled substance or dangerous drug on the human body
  • to conceal a quantity of an illegal dangerous drug or controlled substance
  • to test the strength, effectiveness or purity of any illegal dangerous drug or controlled substance

Officers might use the charge in reference to rolling papers, blunts, glass pipes, pipes, hypodermic needles, glass straws, straws, hookahs, bongs, vaporizers, electronic cigarettes and many more. Many of those can be lawfully possessed and used for legal substances.

Many "head shops" sell stash items where drugs or paraphernalia can be placed in a hidden compartment.  Those might legally be used to stash money, jewelry, etc. 

Finally, field test kits or reagent packs can be used to test the strength or purity of drugs.  However, there are legal reasons to possess such items as well.

The application of the statute to a particular item will turn greatly on the evidence that it was used or was intended to be used for illegal purposes.  Prior versions of the statute have been challenged for unconstitutional vagueness.

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