Drug Paraphernalia In Toledo - Know Your Rights
What is drug paraphernalia and what are the consequences of a conviction?
Charged with Drug Paraphernalia Possession in Toledo? Know Your Rights
Being charged with possession of drug paraphernalia in Ohio may seem like a minor offense, but it can have serious legal consequences, especially if it’s your first run-in with the law. A conviction can lead to fines, license suspension, and a criminal record that follows you for years.
At Brian C. Morrissey, Attorney at Law, we represent individuals throughout Toledo and Lucas County who have been charged with drug-related misdemeanors—including paraphernalia possession—and help them fight for reduced penalties, dismissals, and clean records.
What Is Drug Paraphernalia in Ohio?
Under Ohio Revised Code § 2925.14, drug paraphernalia includes any equipment, product, or material used or intended for use in activities such as:
· Preparing
· Packaging
· Storing
· Using
· Ingesting
· Inhaling
· Injecting
Common examples include:
· Glass pipes or bowls
· Rolling papers
· Grinders
· Syringes
· Bongs
· Scales
· Plastic baggies with residue
Even items that are not illegal by themselves can be considered paraphernalia if the police believe they were used with controlled substances.
Misdemeanor Charges and Penalties
Possession of drug paraphernalia is typically charged as a fourth-degree misdemeanor (M4) in Ohio.
Penalties can include:
· Up to 30 days in jail
· Fines up to $250
· A mandatory driver’s license suspension (6 months to 5 years)
· A criminal record that may affect jobs, housing, or college applications
For minors or students, a conviction can also affect financial aid eligibility and future educational opportunities.
If you have prior drug convictions, the charge may be enhanced, or prosecutors may pursue additional related offenses, such as drug possession or trafficking.
Can You Be Charged Without Drugs Present?
Yes. You can be charged with paraphernalia possession even if no actual drugs are found. Police may allege that:
· The item contains residue;
· The item is commonly associated with drug use;
· You admitted to using it for drug purposes;
· It was found near other drug-related evidence.
This makes the charge highly subjective—and defensible with the right legal strategy.
Common Defenses to Drug Paraphernalia Charges
Just because you were charged doesn’t mean you’ll be convicted. Possible defenses include:
🔹 Lack of Knowledge
You didn’t know the item was there or didn’t know it was used for drug purposes.
🔹 Unlawful Search
The police violated your constitutional rights (e.g., illegal traffic stop, improper search of your home or vehicle).
🔹 Item Not Proven to Be Paraphernalia
Just because an item can be used for drugs doesn’t mean it was. For example, a grinder may be used for tobacco or herbs.
🔹 No Possession
You didn’t have actual or constructive possession—the item may have belonged to someone else.
We review the evidence, file suppression motions if needed, and explore alternatives to conviction whenever possible.
Can You Get the Charge Dismissed?
In many cases—especially for first-time offenders—we may be able to:
· Negotiate for a lesser non-drug charge
· Enroll you in a diversion program that results in dismissal upon completion
· Seek expungement after a short waiting period
· Avoid a license suspension and criminal record
The key is early intervention and experienced legal representation.
How Brian C. Morrissey Can Help
As a defense attorney serving Toledo and all of Lucas County, we fight to:
· Review and challenge the evidence against you
· Prevent unnecessary jail time or license loss
· Keep your record clean and your future open
· Represent you in Toledo Municipal Court or other local jurisdictions
Take Action Today to Protect Your Record
If you’ve been charged with drug paraphernalia possession in Toledo, Maumee, Oregon, Sylvania, or anywhere in Lucas County, don’t plead guilty without knowing your rights.
📞 Call Brian C. Morrissey, Attorney at Law at (419) 830-7441
🌐 Visit www.brianmorrisseylaw.com
📧 Email: brian@brianmorrisseylaw.com
We’ll walk you through your options and fight for the best possible result in your case.
