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Joslyn Law Firm - Criminal Defense and Drug Crime Attorney, Illegal Use or Possession of Drug Paraphernalia In Ohio

Illegal Use or Possession of Drug Paraphernalia

In Ohio

Definitions, Penalties, and Defenses

The Crime of Illegal Use or Possession of Drug Paraphernalia in Ohio is governed by ORC § 2925.14, which provides, in pertinent part:

(A) As used in this section, "drug paraphernalia" means any equipment, product, or material of any kind that is used by the offender, intended by the offender for use, or designed for use, in propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body, a controlled substance in violation of this chapter. "Drug paraphernalia" includes, but is not limited to, any of the following equipment, products, or materials that are used by the offender, intended by the offender for use, or designed by the offender for use, in any of the following manners: 

(1) A kit for propagating, cultivating, growing, or harvesting any species of a plant that is a controlled substance or from which a controlled substance can be derived;

(2) A kit for manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;

(3) Any object, instrument, or device for manufacturing, compounding, converting, producing, processing, or preparing methamphetamine;

(4) An isomerization device for increasing the potency of any species of a plant that is a controlled substance;

(5) Testing equipment for identifying, or analyzing the strength, effectiveness, or purity of, a controlled substance;

(6) A scale or balance for weighing or measuring a controlled substance;

(7) A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, or lactose, for cutting a controlled substance;

(8) A separation gin or sifter for removing twigs and seeds from, or otherwise cleaning or refining, marihuana;

(9) A blender, bowl, container, spoon, or mixing device for compounding a controlled substance;

(10) A capsule, balloon, envelope, or container for packaging small quantities of a controlled substance;

(11) A container or device for storing or concealing a controlled substance;

(12) A hypodermic syringe, needle, or instrument for parenterally injecting a controlled substance into the human body;

(13) An object, instrument, or device for ingesting, inhaling, or otherwise introducing into the human body, marihuana, cocaine, hashish, or hashish oil, such as a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or without a screen, permanent screen, hashish head, or punctured metal bowl; water pipe; carburetion tube or device; smoking or carburetion mask; roach clip or similar object used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; miniature cocaine spoon, or cocaine vial; chamber pipe; carburetor pipe; electric pipe; air driver pipe; chillum; bong; or ice pipe or chiller.

The illegal use or possession of drug paraphernalia in Ohio is a specific intent crime, which signifies that the offense must be committed with knowledge and purpose (i.e., mens rea, “a guilty mind”) and a criminal act in furtherance of the crime (i.e., actus reas).

Pursuant to ORC 2925,14 (B)(1-12), law enforcement shall consider the following factors in determining whether the crime of illegal possession and use of drug paraphernalia is in progress or has been perpetrated:

(1) Any statement by the owner, or by anyone in control, of the equipment, product, or material, concerning its use;

(2) The proximity in time or space of the equipment, product, or material, or of the act relating to the equipment, product, or material, to a violation of any provision of this chapter;

(3) The proximity of the equipment, product, or material to any controlled substance;

(4) The existence of any residue of a controlled substance on the equipment, product, or material;

(5) Direct or circumstantial evidence of the intent of the owner, or of anyone in control, of the equipment, product, or material, to deliver it to any person whom the owner or person in control of the equipment, product, or material knows intends to use the object to facilitate a violation of any provision of this chapter. A finding that the owner, or anyone in control, of the equipment, product, or material, is not guilty of a violation of any other provision of this chapter does not prevent a finding that the equipment, product, or material was intended or designed by the offender for use as drug paraphernalia.

(6) Any oral or written instruction provided with the equipment, product, or material concerning its use;

(7) Any descriptive material accompanying the equipment, product, or material and explaining or depicting its use;

(8) National or local advertising concerning the use of the equipment, product, or material;

(9) The manner and circumstances in which the equipment, product, or material is displayed for sale;

(10) Direct or circumstantial evidence of the ratio of the sales of the equipment, product, or material to the total sales of the business enterprise;

(11) The existence and scope of legitimate uses of the equipment, product, or material in the community;

(12) Expert testimony concerning the use of the equipment, product, or material.

Penalties For the Illegal Use or Possession of Drug Paraphernalia In Ohio

The crime is classified as a fourth degree misdemeanor, punishable by a 30-day presumptive jail sentence and/or a fine of up to $250.

A charge of illegal dealing in and a conviction for  the advertising of drug paraphernalia are second degree felonies, carrying a presumptive 90-day prison sentence and/or a fine of up to $750. 

A charge of illegally selling drug paraphernalia to a minor is a misdemeanor of the first degree and carries a penalty of a possible 180-day prison sentence and/or a fine of up to $1,000.

Defenses to the Crime of Illegal Use or Possession of Drug Paraphernalia In Ohio

Negation of Intent

An alleged offender cannot be found guilty of the crime of illegal use or possession of drug paraphernalia if essential elements of the crime are not at play. Negation of intent means that the defendant neither had the knowledge or purpose of possessing the illegal drug paraphernalia (either actively—directly or constructively—with awareness of the illegal paraphernalia’s presence in proximity to the defendant).

Mistaken Defendant

The defendant belonged to an exempt category, pursuant to ORC § 2925.14 (D)(1), as follows:

·         Manufacturers,

·         Licensed health professionals authorized to prescribe drugs,

·         Pharmacists, owners of pharmacies,

·         Other persons whose conduct is in accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code.

By: Brian Joslyn

Joslyn Law Firm

About the Author

Brian Joslyn