Possession of drug paraphernalia. You could face a minimum jail sentence of six months.If you are convicted of criminally using drug paraphernalia in the second degree there is a good chance that you will be sent to jail for a year. Possession of drug paraphernalia is a Class A misdemeanor in Tennessee. Examples include DUI, simple drug possession, drunk and disorderly, public intoxication, possession of drug paraphernalia, etc. 3. You may also face up to 30 days in jail for a minor case of possession of drug paraphernalia, as well as fines. In Massachusetts it is a crime to be in possession of illegal drugs, narcotics and controlled substances. If the item was seized in an unlawful police search, for example, the defense may argue in a motion to suppress that the prosecution cannot use it at trial. New Jersey's laws now allow medical marijuana, which means that possession of some paraphernalia is legal in limited situations. If they failed to read you your rights or performed an illegal search, any improper evidence could be excluded.