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Drug paraphernalia is often the least of a person's worries as it usually accompanies a possession charge. As a result, paraphernalia charges are frequently dismissed as part of plea deals as they are considered less serious by the prosecutors. There are potential defenses to paraphernalia charges including suppression of evidence of an unlawful search, disputing whether or not the item is actually paraphernalia (example, a cigar/blunt), and fighting over whether or not the item was actually used for drugs.
(1) No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of this chapter. Any person who violates this subsection may be fined not more than $500 or imprisoned for not more than 30 days or both.