Wrongful Possession Of Drug Paraphernalia In Cuyahoga

State:
Multi-State
County:
Cuyahoga
Control #:
US-000303
Format:
Word; 
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Description

This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

Offenses, such as drug trafficking, are typically felony charges. Under the federal statute, the maximum sentence for selling paraphernalia is three years plus a fine. As noted above, federal law does not outlaw possession, per se. Under state law, penalties can vary.

Possession of drug paraphernalia is a criminal offense covered under California Health and Safety Code 11364. It's basically defined as any type of equipment or material that is modified to make, use, or hide illegal controlled substances.

(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 ...

California law is lenient for first-time offenders. You can avoid incarceration through a drug diversion program or probation for your first conviction. Whether or not you will face jail time for your charges will vary depending on the nature and quantity of the substance involved.

Possession of Drug Paraphernalia is considered a Class 1 misdemeanor. If convicted of Possession of Drug Paraphernalia, you face up to 120 days in jail, a longer term of probation, substance abuse counseling, community service, and fines.

Ohio Revised Code § 2925.14(C)(1) makes it a fourth-degree misdemeanor punishable by up to 30 days in jail and/or a fine of up to $250 for a person to knowingly use, or possess with purpose to use, drug paraphernalia.

More info

No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog. Whoever violates division (C)(1) of this section is guilty of illegal use or possession of drug paraphernalia, a misdemeanor of the fourth degree.A. Except as otherwise provided in the following division, illegal dispensing of drug samples is a misdemeanor of the second degree. Lynch's report explains the disparities in prosecutors' charging decisions for drug possession violations in the different jurisdictions within Cuyahoga County. (f) (1) Whoever violates subsection (c) of this section is guilty of illegal use or possession of marihuana drug paraphernalia, a minor misdemeanor. Drug paraphernalia charges in Ohio are classified as misdemeanors. Employees found with such paraphernalia or items used for substance abuse on or in their possession are in violation of the Policy. The elements of drug abuse and possession of paraphernalia do not so correspond. One may be in possession of drugs, but not paraphernalia. Employees found with such paraphernalia or items used for substance abuse on or in their possession are in violation of the Policy.

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Wrongful Possession Of Drug Paraphernalia In Cuyahoga