Did the Greeley Police charge you with a Possession of Drug Paraphernalia Ticket in Greeley? While a conviction of this petty offense does not require jail time, it can carry a $100 fine and a criminal record. This criminal record can interfere with obtaining jobs and internships. The experienced lawyers at the O’Malley Law Office can help you or your child navigate the Weld County Courts. Below, our lawyers discuss a Possession of Drug Paraphernalia Ticket. If you are facing a Drug Paraphernalia Possession Ticket in Fort Collins, you can get help here.
Definition of a Possession of Drug Paraphernalia, C.R.S. 18-18-428, in Weld County
In Weld County the definition of a Possession of Drug Paraphernalia, C.R.S. 18-18-428 is:
(b) (I) Prior to searching a person, a person’s premises, or a person’s vehicle, a peace officer may ask the person whether the person is in possession of a hypodermic needle or syringe that may cut or puncture the officer or whether such a hypodermic needle or syringe is on the premises or in the vehicle to be searched. If a hypodermic needle or syringe is on the person, on the person’s premises, or in the person’s vehicle and the person, either in response to the officer’s question or voluntarily, alerts the officer of that fact prior to the search, assessment, or treatment, the peace officer shall not arrest or cite the person pursuant to this section for the hypodermic needle or syringe or section 18-18-403.5 for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe, and the district attorney shall not charge or prosecute the person pursuant to this section for the hypodermic needle or syringe or section 18-18-403.5 for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe. The circumstances described in this paragraph (b) may be used as a factor in a probable cause or reasonable suspicion determination of any criminal offense if the original stop or search was lawful.
(II) Prior to assessing or treating a person, an emergency medical service provider, as defined in section 18-3-201 (1.3), or other first responder may ask the person whether the person is in possession of a hypodermic needle or syringe that may cut or puncture the technician or first responder. If a hypodermic needle or syringe is on the person, and the person, either in response to the question or voluntarily, alerts the emergency medical service provider or first responder of that fact, a peace officer shall not arrest or cite the person pursuant to this section for the hypodermic needle or syringe or section 18-18-403.5 for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe, and the district attorney shall not charge or prosecute the person pursuant to this section for the hypodermic needle or syringe or section 18-18-403.5 for any minuscule, residual controlled substance that may be present in a used hypodermic needle or syringe.
Examples of Drug Paraphernalia in Evans and Ault, Colorado
The definition of Drug Paraphernalia in Evans and Ault is very board, and unfortunately almost anything can be counted as Drug Paraphernalia. Some examples are:
- Bowls, blenders, and spoons
- Balloons, bags, envelopes, and containers
- Pipes
- Hypodermic needles
It is important to note that it must be proven that these objects were used to store, use, or process drugs in any way for there to be a charge or conviction of Possession of Drug Paraphernalia.
In Weld County Can I Receive a Drug Paraphernalia Possession Ticket if it is Marijuana Paraphernalia?
The simple answer is no, in Weld County the possession of Marijuana Paraphernalia is not illegal. In Colorado it is legal to possess up to two ounces of marijuana and therefore possession of paraphernalia for its use is also legal.
What are the Sentence and Penalties of a Conviction of Possession of Drug Paraphernalia in Greeley, Colorado?
In Greeley, conviction of Possession of Drug Paraphernalia is a petty offense. A petty offense penalty is a fine of up to $100 and no time in Weld County Jail. It is important to note that Advertisement of Drug Paraphernalia, C.R.S. 18–18–430, is a completely different charge and the sentence is a level 2 drug misdemeanor which can include jail time. This would be given to someone or a business owner attempting to sell Paraphernalia.
Related Offenses to a Drug Paraphernalia Possession Ticket in Weld County
Receiving a Drug Paraphernalia Possession Ticket in Weld County can also be charged with related criminal offenses. Some related offenses are:
- Advertisement of Drug Paraphernalia – C.R.S. 18–18–430
- Unlawful Possession of a Controlled Substance – C.R.S. 18-18-403.5
- Use of a Controlled Substance – C.R.S. 18-18-404