When do Colorado police consider an object to be paraphernalia?

Because marijuana was decriminalized here in Colorado recently, residents in our state enjoy less aggressive drug charges when it comes to possession of the drug. This has cut down on arrests for drug crimes, which could be saving the state considerable amounts of taxpayer dollars in the long run.

But even though the law concerning possession of marijuana changed, the reform did little for possession of drug paraphernalia laws. To give our Colorado Springs readers a refresher on the law, we will answer a question raised by some of our readers: when do Colorado police consider an object to be paraphernalia?

According to state law, drug paraphernalia is any and all equipment, products and/or materials that could be or are used to manufacturer, cultivate, produce, store or ingest a controlled substance.

In determining whether an object should be considered paraphernalia, police and the courts must take a number of things into consideration including, but not limited to: object’s proximity to a controlled substance, drug residue on the object, statement from the owner about its use, and even how the object is displayed in a store for sale.

A person is considered to have violated the state’s drug paraphernalia law if that person has in their possession an object that they know, or should reasonably know, could be used in conjunction with a controlled substance. Violating this law is considered a Class 2 petty offense and can result in a fine of no more than $100 in the event of a conviction.

Cynthia A. McKedy

Cynthia A. McKedyAs a former prosecutor, Ms. McKedy supervised and trained new deputy district attorneys. During her tenure as deputy district attorney, Ms. McKedy successfully tried over a dozen homicide cases. As a defense attorney, she has been able to utilize all of her trial skills and knowledge to procure great results for her clients.

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2018-11-05T12:48:46+00:00October 30th, 2014|Drug Crimes|