When do cigarette papers become paraphernalia

Discussion in 'Legal Issues' started by Tuco, May 11, 2003.

  1. Tuco Tuco

    • New Member
    • Since: May 11, 2003
    • Posts: 66
    When are cigarette papers considered paraphernalia? Obviously if they are kept in the same bag with your stash they would be, but what if they were in another pocket or say your wallet? Are there any hard and fast rules? Would you have to be in possession of rolling tobacco along with your cannabis? Anyone have any experience with this issue?
  2. WNB WNB

    • Seasoned Activist
    • Since: Feb 9, 2003
    • Posts: 6,318
    Paraphenalia laws are pretty vague. My guess is that if you have weed on you, any papers will be considered paraphenalia by the police. However, in court it's a lot more subjective. I've heard of judges simply throwing out paraphenalia charges over things like papers, rollers and unused pipes.
  3. Tuco Tuco

    • New Member
    • Since: May 11, 2003
    • Posts: 66
    It's an especially important point for me because in my state simple possession of a small amount is a fine and you are on your way, but paraphernalia can get you time in county jail. Perhaps K9Copper might be able to weigh in on this one. I also assume that a single joint would be both possession and paraphernalia charge automatically, but I hesitate to go to the local cop shop to ask. ;)
  4. floydcamel floydcamel

    • New Member
    • Since: Jun 13, 2002
    • Posts: 162
    That would be hilarious if you went to the cops to ask that. I wonder how they would respond.
  5. Conine Conine

    • Seasoned Activist
    • Since: Oct 31, 2001
    • Posts: 3,174
    It isn't, at least, not that I've ever heard of. Having a pack of papers and a joint might be, but not just a joint. How this differs from a pipe, I'll leave that one to the people that know the law better than me.
  6. MrIMStoned MrIMStoned

    • Since: Mar 17, 2002
    • Posts: 6,295
    I have yet to meet someone charge with paraphernalia. If they can sell it in stores how come you can't have it?
  7. Super Woman Super Woman

    • New Member
    • Since: Oct 19, 2000
    • Posts: 1,777
    I have heard, but I am not sure if it is true, that papers are considered paraphenalia if you have no tobacco on you.

    Someone I went to school with got searched and only had papers on him but he wasn't charged becuase he also had a pack of cigarettes.
  8. Larmer Larmer

    • Seasoned Activist
    • Since: May 9, 2002
    • Posts: 2,642
    It's paraphernalia when it's found in addition to drugs, or has drug residue on it. When you buy it at a headshop, it isn't, because it's a "tobacco smoking device", but once you light that first bowl, congrats, you're the proud new owner of marijuana paraphernalia.

    This also depends on your state I believe, certain ones have different rules than others, and I for one, am not inclined to determine the differences among them...:D

    I do know that here in Ontario I've been pulled over with a bong on the passenger seat, strapped in with a seatbelt, and the only thing I got from that was a good laugh from the cop.
  9. K9Copper K9Copper

    • New Member
    • Since: Aug 15, 2002
    • Posts: 572
    In Illinois we can't charge for papers, must be pipe, bong, etc.

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