The definition of “drug paraphernalia” is very broad: it includes anything use to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal a controlled substance. It also includes any object used to inhale, inject or otherwise introduce into human body a control substance. “Paraphernalia” is similar to the definition and interpretation of the ridiculously overbroad definition of what constitutes a “deadly weapon.” If you use a spoon to pack marijuana, it is paraphernalia. If you use the same spoon to try to scoop somebody’s eye out, it is a deadly weapon.

Paraphernalia charges come from two different ways. First, if here is not enough marijuana to constitute a ‘usable’ amount, a ticket is written for possession of drug paraphernalia.  Second, the police discover a pipe or bong or similar devise consistent with personal use. If a greater amount of a controlled substance is found, the police rarely waste the additional effort in writing a ticket for PDP. Instead, all the paraphernalia is kept as evidence for prosecution of the underlying, and more serious, drug possession case.

Occasionally we are asked why the police don’t shut down stores the sell pipes and bongs under the auspices of selling tobacco pipes. Actually, they have. A number of years back the federal government launched a massive undercover investigation resulting in hundreds of arrests in an attempt to shut the industry down. Interestingly, local law enforcement agencies weren’t the most willing participants. Why?

Because it’s bait.

If you were on the narcotics task force and you were going to start looking for people that may have drugs, what do you think you might find in a car that is leaving a store that sells bongs?  There are thousands of traffic offenses. Even the chief of police would have a hard time driving from home to work without unintentionally violating one. If the police make a valid stop for a traffic offense and then conduct a search or find narcotics in plain view, a felony arrest can be made.

Finally, just as a household spoon can be classified as an illegal weapon or drug paraphernalia depending upon its intended use, almost every household item holds that same property – include pipes and bongs that seem to be made for one purpose but may possible be used for another.