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Marijuana Paraphernalia
Possession of marijuana paraphernalia is a very common criminal charge in Tennessee. With the current mood of the country relaxing on marijuana use, the police officers in the counties in Middle Tennessee will very quickly cite you if they find a marijuana paraphernalia, including but not limited to: bowls, pipes, bongs, dugouts, rolling papers, blunts, cigarillos, baggies, grinders, or any other item that can be used to smoke, inhale, possess, manufacture, sell, deliver, grow, harvest, or otherwise use marijuana.
Under Tenn. Code Ann. 39-17-425 – Unlawful Drug Paraphernalia Uses and Activities, possessing unlawful drug paraphernalia is a Class A Misdemeanor carrying a punishment of up to 11 months and 29 days in jail and $2,500 max fine and $150 min fine. Additionally, anyone accused of delivering marijuana paraphernalia to a minor is a Class E Felony carrying a punishment from 1-3 years in jail and a $3,000 max fine.
Different counties treat possession of marijuana paraphernalia differently. For example, in Davidson County the typical punishment for a paraphernalia offense is a drug class or community service. If the citizen accused has a prior offense or other criminal charges with his paraphernalia charge, it could handled differently.
Additionally, the State of Tennessee must test all paraphernalia to prove that the paraphernalia was used to smoke, possess, manufacture, sell or deliver marijuana. Independent testing can also be done upon request.
These cases can be defended by an experienced criminal defense lawyer. Logically, a simple possession of marijuana offense goes along with the paraphernalia charge and can be dismissed upon entry of a plea. If there are Fourth Amendment issues with the traffic stop, search warrant, knock and talk, or other search and seizure that gave rise to the charge, an experienced attorney can file a Motion to Suppress the paraphernalia seeking suppression of the evidence and dismissal of the charge.
Remember, REMAIN SILENT AT ALL TIMES. Most evidence obtained by the police comes from the mouth of the citizen accused.
