Possession of Drug Paraphernalia in Georgia

In Georgia, drug crimes are punishable by harsh criminal penalties, including fines worth hundreds or thousands of dollars and even a lengthy jail sentence. But did you know that you could still face criminal charges for possessing drug paraphernalia—even if you do not have any drugs on your person? 

According to Georgia Code §16-13-32.2, it is illegal to use or possess with intent to use any device or materials designed to plant, grow, propagate, manufacture, harvest, produce, analyze, test, package, repackage, store, contain, conceal, inhale, ingest, inject, or otherwise introduce a controlled substance or cannabis—since recreational cannabis is still against the law in the state—into the human body. 

Common examples of drug paraphernalia include: 

  • Rolling papers 

  • Pipes 

  • Bongs 

  • Roach clips 

  • Syringes 

  • Spoons 

  • Tin foil 

  • Straws 

  • Compact mirrors 

  • Razors blades 

  • Cards with drug residue 

  • Aerosol cans 

  • Balloons 

  • Plastic bags or small baggies 

  • Scales 

A first offense for possession of drug paraphernalia in Georgia is a misdemeanor, punishable by a jail term of up to one year and/or a maximum fine of $1,000. A second offense carries a maximum jail term of one year and/or a fine of up to $5,000, and a third offense can result in imprisonment for up to five years (with a minimum prison term of one year) and/or a maximum fine of $5,000. 

The following are several common defenses to possession of drug paraphernalia: 

  • The drug-related object was not in your actual or constructive possession, such as not knowing you were driving a vehicle with drug paraphrenia inside or being accused of possession with more than one other person. 

  • You did not have the intent to use the paraphernalia for a drug-related purpose, such using a scale to measure food or items, rather than drugs. 

  • The police committed an illegal stop by failing to obtain reasonable suspicion or probable cause to make an arrest, which makes any evidence seized at the scene inadmissible in court. 

If you have been arrested for a drug crime in Gwinnett County, call Daniels & Taylor, P.C. at (770) 285-1673 or fill out our online contact form today to request a free office consultation. Serving clients in Lawrenceville and beyond since 1994! 

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