The state has surprisingly lenient drug paraphernalia laws despite its strict drug laws. You may not even receive a citation for possession of drug paraphernalia, depending on the circumstances of your situation. However, such an offense can have penalties, such as appearing on your record and being used as probable cause for a more extensive vehicle or home search.
You need the services of a Spartanburg drug paraphernalia lawyer when facing any kind of drug charge. At Ellis Hinton, LLC, our drug attorneys can review the nature of the charges against you and determine if your civil rights were violated.
According to South Carolina Code of Laws § 44-53-39, drug paraphernalia is any item designed or altered for use in the consumption of a controlled drug or narcotic. Paraphernalia can include various items, such as marijuana pipes, cocaine spoons, roach clips, masks, and any item meant for use with an illegal narcotic.
The law specifically excludes cigarette paper and tobacco pipes since adults may own these items to smoke tobacco. The law was recently amended to exclude fentanyl test strips and other equipment designed for rapid fentanyl testing. Any other item can be considered unlawful if a court determines it is to be used for any drug-related purpose. Speaking with an experienced drug paraphernalia attorney in Spartanburg would be particularly beneficial to clarify these classifications.
Judges consider many factors when determining if an object is drug paraphernalia. A Spartanburg drug accessory lawyer can further explain the types of evidence considered, including:
For example, a small syringe could be used to inject illegal narcotics, but it can also be used to legally inject insulin. If the syringe is found with properly labeled insulin vials, then a judge would probably determine it was not drug paraphernalia.
Possession of drug paraphernalia alone is a civil offense, which is subject to a citation and a fine of up to $500. However, the offense is entered into the South Carolina Law Enforcement Division records. The presence of a drug paraphernalia offense can affect other charges and act as probable cause for a warrant, making a Spartanburg attorney vital to protect your rights.
It is illegal in this state to sell, advertise for sale, or manufacture any type of drug paraphernalia. Companies that make or sell drug equipment or advertise such equipment may be liable for fines of up to $50,000.
State law provides limited immunity for those seeking emergency care or treatment for another individual experiencing a drug-related emergency, as specified in South Carolina Code of Laws § 44-53-1920. This section includes possession, delivery, or use of drug paraphernalia.
Possession of drug paraphernalia is a civil offense with potentially criminal consequences. If you are dealing with drug paraphernalia charges, you need legal assistance from a Spartanburg drug paraphernalia lawyer. Our attorneys at Ellis Hinton, LLC have state and federal prosecuting experience and can explain how these charges relate to other crimes and create personalized defense strategies.
We are based in Greenville, but we serve South Carolina and beyond. If you need assistance from an experienced criminal defense attorney, we are here to help you, no matter your location. Call us to schedule a free and confidential consultation today.
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