Legal Question in Criminal Law in Pennsylvania

Possession of Drug Paraphernalia Charge


Yesterday two university police officers knocked on the door to my dorm room and, claiming that it smelled of marijuana outside, demanded they come in. Long story short, I ended up signing a consent to search form and they found and confiscated from me two glass water pipes, one glass pipe, a grinder, a box full of baggies, and a nitrous cracker with empty tanks, all of which where considered drug paraphernalia.

I was never arrested, they just took my information and told me I'd hear from them. What kind of sentence would I face for a crime like this? I know what the university's procedures are, but do I face separate criminal charges from the officers as well? The officers found no actual illegal drugs in the room and I have no prior convictions.

Also, the one glass pipe they took from me was completely unused, sitting right next to the bag I bought it in with the receipt and was sold to me legally as a tobacco pipe. Are the police correct in saying this too is drug paraphernalia? It contained no drug residues, was not in the same area as any drugs, and we had loose smoking tobacco in the room, but the officers took it anyway.

Asked on 11/25/08, 4:20 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

Re: Possession of Drug Paraphernalia Charge

And why did you consent?

Possession of drug paraphernalia without any drugs or drug residue is at worst a misdemeanor. Given it was a first offense I would go for ARD so the whole thing goes away at some point.

If you have any questions feel free to contact me. The initial consultation is free.


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Answered on 11/25/08, 6:28 pm

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