Drug Paraphernalia

On Monday, the Oxford Eagle ran an interesting article about drug paraphernalia in Mississippi.  Alyssa Schnugg, who wrote the article, called and asked me for some information regarding the law, which I was happy to provide.  I've excerpted that portion of the article below, although I recommend reading the entire article here.

According to Mississippi Code, it is illegal to sell any tobacco and tobacco-related products to anyone under 18 years old.

“(State code) is clear that you must be 18 years old in order to purchase a bong, pipe or other device used to ingest controlled substances,” said local attorney Kevin Frye.

Even though these products — if sold to an adult — are legal, depending on circumstances, a person can still face criminal misdemeanor charges for possessing such items, Frye said.

“It is a misdemeanor to deliver or sell paraphernalia to someone under the age of 18, as well as to possess an object which would be considered paraphernalia under the totality of the circumstances. It is not necessary for drugs or residue to be present for an object to be considered paraphernalia.”

Frye said a person might be charged criminally based upon a number of factors, including statements concerning the use or intended use of the object; prior convictions; expert testimony and other direct and/or circumstantial evidence.

“Possession of paraphernalia can lead to a maximum $500 fine and/or up to six months in jail,” he said. “Delivery or sale of paraphernalia to a person under the age of 18 can lead to a maximum fine of $1,000 and/or up to one year in jail.”
 

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