What is Considered Drug Paraphernalia in Seattle?

What is Considered Drug Paraphernalia in Seattle?

If you have been arrested for possession of drug paraphernalia in Seattle, you may be wondering exactly what items are illegal under Washington state law. Paraphernalia refers to any equipment, products or materials that are used for illegal drug activity like manufacturing, distributing, or using drugs.

While drug paraphernalia could include common household items like scales, spoons, bowls, etc., the law looks at whether you intended to use the item for prohibited drug purposes. Simply possessing an item is not enough to convict you. Prosecutors have to prove you planned to use it for illegal drugs.

Washington Drug Paraphernalia Laws

According to the Revised Code of Washington (RCW) 69.50.102, the definition of drug paraphernalia includes (but is not limited to):

• Scales and balances used for weighing drugs
• Drug mixing containers and devices
• Capsules, balloons, envelopes used for packaging drugs
• Containers for storing drugs
• Hypodermic needles, syringes, pipes for ingesting drugs
• Diluents like quinine, mannitol, etc. used for cutting drugs
• Sifters for removing seeds and stems from marijuana
• Blenders, bowls, spoons for compounding drugs

In determining whether an object counts as paraphernalia, the court will consider factors like:

• Statements made about the item’s intended use
• Prior drug convictions of the owner
• Proximity of the object to illegal drugs
• Evidence of drug residue on the object
• Innocence of the owner regarding direct drug violations

Under RCW 69.50.412, it is illegal to use, deliver, or possess drug paraphernalia knowing it will be used to manufacture, distribute, or ingest illegal drugs. This includes growing, harvesting, converting, storing, or concealing drugs as well.

Penalties for Paraphernalia Possession in Seattle

In Seattle, possession of drug paraphernalia is a misdemeanor offense. Under RCW 9A.20.021, the maximum penalties are:

• Up to 90 days in jail
• Fine up to $1,000

For selling or delivering paraphernalia, the crime is a class I civil infraction with a maximum $250 fine according to RCW 69.50.4121. While the penalties may seem light compared to drug possession or trafficking charges, a paraphernalia conviction can still negatively impact your criminal record.

Common Defenses Against Paraphernalia Charges

Since prosecutors have to prove intent, the most common defense against paraphernalia possession is lack of knowledge. For example, you can argue:

• You did not know the item in question was used for illegal drugs
• Someone else left the item at your house without your knowledge
• The item has legitimate uses besides illegal drug activity

Showing the item was not used for drugs and you had no intent can help get paraphernalia charges dismissed. An experienced criminal defense lawyer can also argue the search leading to your arrest was illegal, resulting in suppression of evidence.

Getting Your Paraphernalia Charges Dismissed

If you have been arrested for possession of drug paraphernalia in Seattle, don’t assume you will automatically be convicted. With an aggressive defense focused on lack of knowledge and intent, many of these charges are dismissed in court.

A skilled lawyer can negotiate with prosecutors or take your case to trial if necessary. They will thoroughly examine the circumstances of your arrest and build a strong defense against the allegations.

Don’t let a paraphernalia conviction hold back your future. Get experienced legal help fighting the charges against you. With the right defense, you can put this incident behind you for good.