Connecticut law on drug possession and trafficking establishes crimes that are committed when a person holds or sells illegal drugs (or legal drugs obtained illegally). However, there is another type of drug-related crime that is commonly charged, referred to as possession of drug paraphernalia. If you have been charged with this, either on its own or on top of a drug possession charge, it is crucial to understand that it can sometimes be treated as a relatively minor infraction, but in some cases, can lead to additional fines and even jail time.
Hard to Define
Possession of drug paraphernalia is a fairly common offense, with Connecticut law on the subject following the same patterns as are seen in other jurisdictions. The relevant statute holds that it is illegal to either use drug paraphernalia, or to possess it with the intent to use. The definition of drug paraphernalia, however, is extremely wide, covering seemingly every possible manner in which an item can be used to use, sell, or handle drugs - meaning that if you are arrested for drug possession, you may very well face a paraphernalia charge if anything even remotely related to drugs can be found in the near area or in your possession.
In order to establish your guilt in this particular crime, State’s Attorneys must prove that you had actual or constructive possession (essentially, either possession or control over the item) and that you knew what the item was and/or knew its purpose. So, for example, if you are asked to hold onto a water pipe for a friend, but do not know what it is, or know what it is used for, you cannot be charged with possession of drug paraphernalia because you had no intent to do so.
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