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The secondary charge that may follow drug possession in Georgia

Anyone accused of possessing or consuming prohibited drugs in Georgia can face arrest and prosecution. Those who plead guilty or are convicted at a criminal trial will likely face penalties that include incarceration, fines or sometimes probation.

A person’s past criminal record, the type of drugs police find, and how much they find can all affect the charges and penalties in a case. But people often focus so much on the main drug possession charge that they forget the state might also bring other, secondary charges.

Drug paraphernalia charges and penalties

Drug paraphernalia possession charges are often levied when someone has illicit substances in their possession. Most people who possess drugs also have the items on hand to consume those drugs or tools to facilitate their transfer to others.

Any items used to weigh, store, use or move drugs may be considered drug paraphernalia. This can also include things used to hide drugs, like shoes with hidden compartments. Common forms of drug paraphernalia include:

  • Smoking tools like pipes, hookahs or bongs
  • Roach clips
  • Rolling papers or machines
  • Syringes
  • Glass laboratory equipment
  • Tools for weighing and repackaging drugs
  • Baggies or straws for drug storage
  • Improvised storage or smoking tools

Drug paraphernalia is illegal for people to possess, and the type of drug that someone intends to consume or store with their paraphernalia will determine the charges and potential penalties they’ll face. Each count of paraphernalia possession could lead to or add to a prison sentence and fines.

Having drug paraphernalia can make the penalties for drug possession even worse. It adds a second charge, which can lead to a harsher sentence and another offense on a person’s criminal record. However, every person has the right to defend against these charges, which could include proving that a person did not have criminal intent when using a common item.

Understanding how drug possession and paraphernalia charges work can help people better grasp the risks they face. These charges often go hand in hand and may lead to serious consequences. Knowing what’s at stake is an important step toward making informed decisions during a difficult time.

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