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How can law enforcement charge you for drug paraphernalia with tobacco rolling papers?

Discussions relating to Drug Laws

How can law enforcement charge you for drug paraphernalia with tobacco rolling papers?

Postby fitche » Sun Jul 29, 2012 1:49 pm

If you are pulled over and they search you or your car, they find nothing but rolling papers, then how can you be charged for drug paraphernalia. What if you use them for tobacco but you ran out of tobacco and you are left only with the rolling papers. Does it make a difference if you are high at the time; yet you only have rolling papers at the time. When and when not, can you be charged for drug paraphernalia for only having rolling papers. I understand if you have any illegal substances then it becomes drug paraphernalia, but if you use them for tobacco and then you ran, but still have the papers, how is that a crime. when does it become a crime. Writing a paper, be specific please.
fitche
 
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Joined: Thu Mar 31, 2011 8:58 am

How can law enforcement charge you for drug paraphernalia with tobacco rolling papers?

Postby mohammed47 » Sun Jul 29, 2012 2:02 pm

... you cannot be charged for possession of drug paraphernalia if you just have rolling papers... If its legal to buy then its legal to own... its becomes drug paraphernalia if it is found with illegal drugs or with illegal drug residue on it... even if you are high as a kite at the time it would not be admissible in court to be charged with possession of drug paraphernalia based on the fact that you were high but had no drugs on you but was in possession of rolling papers which could be used illicitly but there is no evidence that says they were...

the standard in criminal law is innocent until proven guilty "beyond a reasonable doubt" this is a real thing and a standard that all criminal trials must adhere to... so you may be arrested for possesion of drug paraphernalia but based on that scenario any half-wit lawyer could easily have this case dropped and if you are so unlucky as to have to go all the way to court then you would still be easily acquitted.
mohammed47
 
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Joined: Thu Mar 31, 2011 7:02 am

How can law enforcement charge you for drug paraphernalia with tobacco rolling papers?

Postby crom » Sun Jul 29, 2012 2:11 pm

The cops are just doing what the law tells them to do. Your question should be about the law in your state.
crom
 
Posts: 13
Joined: Thu Mar 31, 2011 10:24 am


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