Submitted by Anonymous on Mon, 07/11/2011 - 08:13
My question is if I get caught with rolling papers (a lot of them) can I really be convicted of possession of drug paraphernalia with intent to distribute since the rolling papers can also be used for legal purposes, right. How can they prove that I did not get the rolling papers for cigarettes? During the arrest, the cops also took a baggie from me that was empty but did have bits of pot and a seed. But Marijuana possession is not illegal anymore. Also what is the penalty if convicted?
Possession of drug paraphernalia
Yes, you can be convicted for possession of drug paraphernalia with intent to distribute, even for a dual use product like rolling papers. In fact, Massachusetts General Laws Chapter 94C, Section 321 specifically mentions rolling papers. However, for a conviction, the state will have to show that you knew that the papers were drug paraphernalia and knew how the object could reasonably be used as such. The fact that you were arrested with a container that held marijuana residue will go a very long way toward establishing this element for the state. Also, the state will have to prove that you possessed the drug paraphernalia with the intent to sell it.
If your are convicted, you could receive between one and two years in jail or the house of correction and/or by a fine of up to $5,000. Those penalties increase if you are convicted of selling drug paraphernalia to a person under the age of 18. Especially with first convictions, a qualified Massachusetts criminal law attorney may be able to resolve the case without jail time or fines. Don't mess around with this one. Call a lawyer. Good luck.