POSSESSION OF PARAPHERNALIA
While virtually everyone is aware that the possession, sale, and use of drugs is illegal in the United States, many are unaware that just possessing drug paraphernalia, or items used in the preparation and use of drugs, can also be a serious crime. Under Colorado law, this is referred to as possession of drug paraphernalia and it may carry the same punishments as convictions for the use or sale of drugs.
WHAT IS DRUG PARAPHERNALIA?
Under the law, an individual in possession of equipment used to make, modify, or hide recreational and illegal drugs is in violation of Health and Safety Code 11364 HS. This law prohibits the possession of “an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance.” Examples of drug paraphernalia include, but are not limited to, pipes, miniature cocaine spoons, hypodermic needles, or syringes used to inject a controlled substance.
This does not include hypodermic needles or syringes that the individual is legally authorized to possess, including those received from an authorized source (such as a prescription in conjunction with a legal drug) and no more than ten are possessed at a time.
Scales and balances used to measure and weigh drugs as well as packages and containers used to conceal or package drugs, and mixing devices used to compound drugs are other common types of paraphernalia, but they are not covered under HS 11364. This type of paraphernalia used to manufacture, compound and sell drugs is covered under (drug possession for sale law) and (transporting or selling a controlled substance law).
The prosecutor will have the burden of proving the individual in possession of drug paraphernalia knew what it was and that they had control of the paraphernalia. Possessing drug paraphernalia is a misdemeanor crime that is punishable by up to six months in jail and a maximum fine of $1,000.
BAIL FOR POSSESSING DRUG PARAPHERNALIA
Each county in Colorado has its own bail schedule, although judges can set bail higher or lower than the recommended bail for the charge, or refuse bail. Individuals have the option of paying the full amount of the bail or working with a bonding company to post the bond for no more than 10% of the bail total. This allows individuals arrested for possession of drug paraphernalia to be released from jail right away instead of waiting for their court date.
Bail amounts can vary a great deal for drug paraphernalia. The truth is, many bail schedules do not even list a bail amount for this charge.
IMMEDIATE BAIL BONDS FOR DRUG PARAPHERNALIA
If you or someone you love has been arrested for possession of drug paraphernalia in Colorado, contact Stan the Bail Bonds Bail Bonds right away. We offer 24 hour bail bond services to ensure your friend or family member gets out of jail as fast as possible. Contact a bail bondsman with the full legal name of the defendant, as well as the location where they are held and the bond amount. After paying the premium, which is no higher than 10% of the bail amount, Stan the Bail Bonds Bail Bonds will immediately post a bond to get your friend or family member out of jail.
The information contained in this website is for general information purposes only. Some of the crimes and information may not apply to your city or state.