Possession With Intent To Sell Drug Paraphernalia: An Explanation

One of the most confusing charges to face is “possession with intent to sell drug paraphernalia,” because it can mean so many different things. Possession of drug paraphernalia charges are some of the most commonly charged crimes and almost anything can be considered drug paraphernalia. Now, “intent to sell” is a bit different because people can legitimately sell items such as bongs, glass pipes, syringes, and more. 

Most people won’t face possession with intent to sell drug paraphernalia charges unless it is in conjunction with another drug charge. Then, the prosecution will make it part of a bigger campaign to get harsher sentences.

Understanding Possession With Intent To Sell Drug Paraphernalia

Every state has laws against the sales, usage, and possession of drug paraphernalia. However, how they are applied differs depending on the state. Most state laws (including Nebraska’s) specify what equipment is quantified as drug paraphernalia. In a situation where drugs are present, it can include pipes, bongs, syringes, needles, vials, spoons, and even wrapping papers. Manufacturing and sales paraphernalia include anything to weigh or measure the drugs, scales, plastic baggies, and even a lot of cash. All of this paraphernalia has drug and non-drug related uses. A prosecutor needs to show that these items were actually intended for drug use. The person charged can prove that they were not for drug use.

Often, the paraphernalia will be tested for any drug residue or signs of usage. It is harder to charge someone if the paraphernalia hasn’t been used. That is unless there is such a large amount of the paraphernalia that it may be for sale.

What Possession Means

The prosecution needs to show that you were holding the paraphernalia or the drugs on your body, such as in your pocket, in a purse, or in a bag. “Constructive possession” is something that occurs if you don’t have the paraphernalia on your person, but instead in your home, in your glove compartment, or anywhere that you have control over.

 Drug paraphernalia charges in Nebraska are often differentiated between possession and distribution crimes. Possession or distribution charges involve selling, making, or providing paraphernalia to other people.

Possession With Intent To Sell Drugs & Paraphernalia: Penalties

Possession of drug paraphernalia is usually a misdemeanor charge, but some people will face felony charges. Sentences for paraphernalia tend to be on the light side unless they also include sentences for manufacturing or distributing drug paraphernalia.

If you have been charged with possession with a drug paraphernalia charge (without the intent to sell), you can face a few different penalties. These are the most basic penalties and can get much worse if there are drugs present or they can prove the intent to sell. These penalties include:

  • Jail Or Prison Time: Typically up to a year, but can be lighter or up to 90 days.
  • Time Served: Sometimes, the time spent in jail after the arrest can be used instead of additional jail time.
  • Fines: These are the most common penalty for drug paraphernalia convictions. Usually, it is a few hundred dollars for first offenses but can be much higher with subsequent convictions.
  • Probation: Another common sentence is probation for a number of months up to over a year. This will require the person to undergo drug testing, maintain employment, not commit any more crimes, go to treatment, perform community service, and more.

All of the penalties that you face will depend on your own criminal history and circumstances. It can even depend on the type of drug paraphernalia.

Contact A Nebraska Drug Lawyer As Soon As Possible

No matter what, a drug possession charge can have far-reaching impacts on your job, housing, child custody, and general reputation in a community. It can be much more difficult to get a keep a job if you have any kind of drug charge in your history. 

If you or someone that you love is facing the possibility of a drug charge in Nebraska, it is in your best interest to consult with an experienced Nebraska drug lawyer immediately. He will help you to sort out the facts of your case and offer assistance. For help as soon as possible, contact a Nebraska drug lawyer at 844-545-3022.