Sale of Drug Paraphernalia

Under Massachusetts General Laws Chapter 94C Section 32, it is a crime to sell drug paraphernalia or possess drug paraphernalia with the intent to sell it. There are three elements that have to be proven beyond a reasonable doubt before a person can be convicted of this offense, as set forth below:

  1. The items in question are drug paraphernalia. “Drug paraphernalia” includes things like bongs, pipes, tubes, roach clips, grow-lights, syringes, or guidebooks for growing drugs. Under this statute, drug paraphernalia is defined relatively broadly, and it is basically any equipment, device, product, or material that is intended mainly for growing, making, using, planting, hiding, storing, repackaging, or using drugs. In considering whether something is drug paraphernalia, there are many different factors to be considered, and these include: the distance between the item and any substance, instructions for use on the item or advertising, drug residue on the item, expert testimony, and more.

  2. The defendant either sold the item or possessed the item knowingly with the intent to sell it.

  3. When the defendant sold or possessed the item with the intent to sell it, he or she knew or should have known that it would be used to grow, make, use, plant, ingest, inhale, hide, store, or otherwise use drugs.

Boston Criminal Defense Lawyer

If you have been charged with any drug crime, including sale of drug paraphernalia, you should immediately speak with an experienced criminal attorney. With more than 30 years of experience, Robert J. Wheeler, Jr. is a leading Massachusetts drug crimes attorney. He has a reputation for excellence in defending against drug crime accusations. Attorney Wheeler is thoroughly committed to protecting his clients’ constitutional rights, and he fights aggressively from start to finish.

Law Office of Robert J. Wheeler, Jr. (617) 973 5858

Call the Law Office of Robert J. Wheeler, Jr. today if you are facing a drug paraphernalia charge in Massachusetts. Robert Wheeler’s reputation in drug crimes cases speaks to the superior representation that he provides. You can reach him by calling (617) 973 5858 (24 hours a day and 7 days a week) or you can send Attorney Wheeler an e-mail. Your initial phone consultation will be free and confidential. While Attorney Wheeler’s office is located in Boston, feel free to call him regardless of your location, as he represents individuals in all district and superior courts in Massachusetts.