Idaho Possession of Paraphernalia
Idaho Paraphernalia Lawyers | Boise Lawyers | Possession of Paraphernalia
Possession of Paraphernalia With Intent to Use
If you have been arrested, charged, or cited with Possession of Paraphernalia it is important that you understand the charges against you and what your legal rights are. Idaho takes a strict stance on drug crimes. A conviction can have serious, even life-changing, short and long term consequences affecting your freedom, future, employment, personal relationships, and reputation.You should not try to take on the criminal justice system on your own.
Idaho Law On Possession Of Paraphernalia?
Pursuant to Idaho law, "It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance."
See: Idaho Code 37-2734A
What is Paraphernalia?
Drug paraphernalia can be divided into two main categories:
- Those items used to distribute, contain, or transport drugs, and
- Those used to ingest drugs.
This distinction can be important, especially since things like ordinary household items such as scales or spoons can be also used in the distribution or consumption of illegal drugs. The circumstances of where the items were found and what they were found with becomes important to the case.
How Is It Determined What Counts as Paraphernalia?
Not every object is automatically considered paraphernalia just because it could be used with drugs. Under Idaho law, the determination of whether something is drug paraphernalia is ultimately based on the facts and circumstances of the specific case.
The fact-finder may consider:
- Statements made by the accused before or during arrest about the purpose of the item
- Proximity of the object to a controlled substance at the time of discovery
- Instructions or labeling provided with the object about its intended use
- Residue or traces of drugs found on the object
- Prior criminal record of the defendant, particularly previous drug convictions
- Expert testimony explaining what the item is typically used for
In short, context matters. Something as simple as a spoon or small plastic bag might be considered paraphernalia if found with certain substances or alongside other evidence suggesting drug use or distribution.
Advertising or Selling Drug Paraphernalia
It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
Penalties For Possession of Paraphernalia in Idaho
A conviction for Possession of Drug Paraphernalia is no small matter. Upon conviction for possession of paraphernalia, a person may be imprisoned for not more than one (1) year, fined up to $1,000, or both. Punishments can also include: community service, probation, drug and alcohol education, etc. An experienced Idaho attorney can often help you defeat the charge and keep the matter off your record.
See: Idaho Code 37-2734A
Let Our Idaho Attorneys Fight Your Paraphernalia Charge
We scrutinize every case for police mistakes or misconduct and to exploit the weaknesses in prosecution's case to your advantage. That means carefully examining the circumstances of your arrest—how evidence was collected, whether your rights were respected, and if law enforcement followed proper procedure throughout. We look for opportunities to suppress evidence or statements that may have been improperly obtained, and investigate whether the prosecution's case can be challenged due to insufficient or inadmissible prior convictions. Every detail matters, and a strong defense starts with finding the flaws that can make a difference in your outcome.
Beyond a punishment issued by the court, a conviction can be particularly harmful in terms of gaining future employment, state licensing, educational loans, and other benefits.The conviction will show up on background checks and employers tend to be wary of applicants with drug records.
