Drug paraphernalia is illegal in Las Vegas. You could be subject to fines and potential jail time for a Las Vegas drug paraphernalia conviction. But what exactly is “drug paraphernalia” in Las Vegas?
Nevada's law defining “drug paraphernalia” is both expansive and extremely specific. If you have any device, tool, or object that is intended or designed to be used with a controlled substance, it will likely fall under Nevada's definition of drug paraphernalia
Under NRS 453.554, “drug paraphernalia” is defined as:
all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling or otherwise introducing into the human body a controlled substance…
How Courts Decide Whether Something is Drug Paraphernalia
In determining whether an object or device is “used, intended for use, or designed for use” with a controlled substance, and thus considered drug paraphernalia, NRS 453.556 sets forth a number of factors a court should consider, including:
- prior convictions of anyone in control of the alleged paraphernalia
- How the alleged paraphernalia was displayed for sale
- Any other direct or circumstantial evidence regarding the intent of anyone owning or in possession of the alleged paraphernalia
- the proximity of the alleged paraphernalia to controlled substances, whether it has residue of controlled substances, and whether it had instructions of how it should be used
- Statements by anyone in control of the alleged paraphernalia
- Expert testimony concerning its use
Specific Items Prohibited
Nevada's drug paraphernalia statute lists a number of specifically prohibited kits, items, substances and devices that are used to grow, manufacture, or distribute controlled substances.
It also goes into great detail about devices that can be used to consume controlled substances. Specifically, the following items which are commonly used to consume marijuana, cocaine, hashish or hashish oil are illegal in Las Vegas under Nevada's drug paraphernalia statute:
- Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
- Water pipes;
- Smoking masks;
- Roach clips, which are objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
- Cocaine spoons and cocaine vials;
- Carburetor pipes and carburetion tubes and devices;
- Chamber pipes;
- Electric pipes;
- Air-driven pipes;
- Bongs; and
- Ice pipes or chillers.
If you have been charged with a Las Vegas drug paraphernalia crime or have questions about Nevada's drug paraphernalia, please give one of our experienced Las Vegas criminal defense lawyers a call.