Drug paraphernalia covers a wide range of items and materials that individuals may use for creating and ingesting controlled substances. A conviction for possession of drug paraphernalia can suggest that someone is involved in drug possession, manufacturing, or sales of controlled substances. Therefore, contacting an Omaha drug paraphernalia lawyer is essential.

Although a drug paraphernalia possession charge may be relatively minor in nature, it can easily lead to other drug charges. An aggressive criminal defense lawyer can evaluate the evidence against you and develop a defense strategy to protect your rights and reputation.

Possession of Illegal Objects in Omaha

Neb. Rev. Stat. § 28-441 states that it is unlawful to use (or possess with the intent to use) drug paraphernalia to manufacture, inject, inhale, or otherwise introduce a controlled substance into a human body. Common examples of drug paraphernalia may be syringes, bongs, pipes, and rolling papers, among many other items.

This offense is considered an infraction, which does not carry the possibility of jail time. However, it can result in a citation and a maximum $100 fine for a first offense.

Possession of paraphernalia charges often accompany possession or distribution of controlled substances charges, which can result in far more serious consequences. Therefore, contacting an Omaha drug paraphernalia attorney may be important to build the strongest defense for your case.

Defining Drug Paraphernalia

The definition of drug paraphernalia is fairly broad under Nebraska law. More specifically, drug paraphernalia includes:

  • Diluents and adulterants used to cut controlled substances
  • Separation gins and sifters used to refine marijuana
  • Hypodermic syringes and needles used to inject controlled substances
  • Pipes, screens, bowls, tubes, rolling papers, roach clips, spoons, and bongs used to inhale or ingest marijuana, cocaine, hashish, or hashish oil

Neb. Rev. Stat. § 28-440 gives further guidance for determining whether an object or materials constitutes drug paraphernalia. A court must consider the following factors in determining if equipment or materials is drug paraphernalia in violation of the law:

  • Statements by the owner or anyone in control of the item regarding its usage
  • The location of the item with respect to the location of the drug offense or any controlled substances
  • Any residue of a controlled substance on an item
  • Instructions or descriptive materials provided with the object in terms of usage, as well as advertising and displays regarding its usage

Additionally, the court must consider the intent of the owner or anyone in control of the object to deliver it to another for the purposes of committing a drug offense. Prior convictions of the owner or person in control of the object may also play a role. Other factors for a court to consider include whether the owner or person in control of the item is a legitimate supplier of similar items, evidence of the ratio of sales of the object to the total sales of the business enterprise, and any expert testimony concerning usage of the item.

Get Advice from an Omaha Drug Paraphernalia Attorney Today

Due to the expansive definition of drug paraphernalia, being in possession of what you may consider to be an inconsequential item may result in criminal charges against you. This can result in a drug-related conviction that could be detrimental to your future. An Omaha drug paraphernalia attorney can help you fight back. For a confidential case evaluation, reach out to Berry Law today.

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