Drug paraphernalia is defined in RSA 318-B:1(X-a) and includes a wide variety of objects that can be used to ingest, grow, store or otherwise use controlled drugs. This is in no way meant to be an exclusive list of the objects that can be considered drug paraphernalia. A good explanation of what drug paraphernalia is under New Hampshire criminal law can be found in the opinion of State v Smoke Signals that was successfully litigated by Attorney Jonathan Cohen in front of the New Hampshire Supreme Court.
It is illegal under both New Hampshire and federal law to possess, manufacture or distribute drug paraphernalia. In New Hampshire it is also common for police officers to take drug paraphernalia such as a pipe or razor blade and scrape trace amounts of a controlled drug from the object in order to charge its possessor with possession of a controlled drug.
If a defendant is convicted of possessing drug paraphernalia this can trigger numerous collateral consequences. Some of these consequences include affecting one’s eligibility for federal financial aid and a loss of driving privileges. A charge of possession of drug paraphernalia should be treated as seriously as a charge of drug possession.
If you or someone you love has been charged with possession of drug paraphernalia? The criminal defense attorneys at Cohen & Winters can help — contact us today for a free consultation.