eric g johnson law
Experienced Criminal Defense
318-377-1555
  • Home
  • About Us
    • Attorneys
      • Eric G. Johnson
      • Rachel W. Bays
      • Staff
    • Client Testimonials
  • Cases We Handle
    • Criminal Defense
    • Drug Offenses
      • Drug Possession
      • Drug Trafficking & Distribution
      • Prescription Drug Crimes
      • Drug Court Representation
    • DUI/DWI
      • DUI Defense Strategies
      • Commercial Driver License (CDL) DUI
      • Refusing DUI Tests
      • Underage DWI
      • Vehicular Homicide
    • Property & Theft Crimes
      • Theft
      • Robbery
      • Burglary
      • Trespassing
      • Shoplifting
      • Credit Card Fraud
      • Identity Theft
      • Welfare Fraud
    • Sex Offenses
      • Sexual Battery
      • Carnal Knowledge of a Juvenile
      • Child Pornography
      • Online Solicitation of a Minor
      • Prostitution
      • Video Voyeurism
    • Federal Crimes
      • Federal Criminal Defense
      • Federal Computer Crimes
    • Traffic & Driving Offenses
      • Driving Without a License
      • Vehicular Manslaughter
      • Hit and Run
    • Violent Crimes
      • Murder
      • Manslaughter
      • Assault and Battery
      • Protective Orders
      • Domestic Violence
      • Weapon Offenses
      • Stalking
    • White Collar Crimes
      • Embezzlement
      • Money Laundering
      • Tax Fraud and Evasion
      • Counterfeiting
      • Money and Asset Forfeiture
    • Other Criminal Matters
      • Appeals & Post-Conviction Relief
      • Arson and Criminal Mischief
      • False Imprisonment
      • Resisting an Officer
      • Violation of Probation
      • Juvenile Offenses
      • Criminal Appeals
      • Post-Conviction Relief
      • Criminal Expungement
        • Louisiana Expungement Laws
  • Areas We Serve
    • Shreveport, LA
      • Drug Defense Attorney
      • Domestic Violence
      • DWI Lawyer
      • BUI Lawyer
      • Traffic Offenses Lawyer
      • Theft Lawyer
      • Marijuana Possession Lawyer
    • Monroe, LA
      • Drug Defense Lawyer
      • DWI Lawyer
      • Sex Offense Attorney
      • DUI Lawyer
    • Ruston, LA
      • Drug Defense Attorney
    • Tallulah, LA
    • Louisiana Parishes
      • Bossier Parish
      • Caddo Parish
      • Claiborne Parish
      • Bienville Parish
      • De Soto Parish
      • Lincoln Parish
      • Natchitoches Parish
      • Sabine Parish
      • Webster Parish
      • Ouachita Parish
    • Lake Charles, LA
    • Lafayette, LA
    • New Orleans, LA
  • Recent Cases
  • Blog
    • FAQ
  • Contact Us
Illegal to use drug paraphernalia

Is It Illegal To Own Drug Paraphernalia If I Don’t Have Drugs On Me?

January 20, 2020Eric G. Johnson

We’ve all heard the saying “In the wrong place at the wrong time.” Well, there’s also the situation of being seen with the wrong items at the wrong time. Many cases of possession of drug paraphernalia occur when the individual is not actually in possession of any drugs. That’s when the individual asks, “Is it illegal to own drug paraphernalia if I don’t have any drugs?” Some might think that owning a small piece of equipment is harmless. The law, however, says otherwise.

Table of Contents

Toggle
  • What Is Drug Paraphernalia?
  • What Is Actual vs. Constructive Possession of Drug Paraphernalia?
  • Should I Participate in a Diversion Program?
  • Hire a Trusted Louisiana Drug Attorney to Defend You

What Is Drug Paraphernalia?

All 50 states define drug paraphernalia differently. In each state, there are specific items that are considered paraphernalia, but the general definition of drug paraphernalia is any device that can be used to consume illegal substances. Common examples of paraphernalia include:

  • Bongs
  • Opium pipes
  • Water pipes
  • Vials
  • Needles
  • Miniature spoons

In addition to consumption, items can also be considered paraphernalia if they can be used to manufacture or sell drugs. If you’re discovered with drug paraphernalia on or near you, you can be charged with possession.

What Is Actual vs. Constructive Possession of Drug Paraphernalia?

There are two different categories of possession for drug paraphernalia – actual possession and constructive possession. 

Actual Possession: You can be charged with actual possession if officials can clearly identify that the drug paraphernalia was on your person (in your pocket, in your hand, etc.)

Constructive Possession: You can be charged with constructive possession if officials see an item and suspect it’s yours (on the car seat next to you, on your kitchen table, in your bedroom drawer.)

A person can be charged with both active and constructive possession of paraphernalia even if they’re not in possession of illegal substances. In Louisiana, possession of drug paraphernalia is a misdemeanor offense. Common penalties for possession of paraphernalia include:

  • Up to 30 days in jail
  • Up to $1,000 in fines
  • Probation
  • Alternative treatment programs

With the right defense attorney, you can mitigate your charges and reduce the penalties you face for possession of drug paraphernalia. 

Should I Participate in a Diversion Program?

One of the most popular alternative penalties for possession of drug paraphernalia is diversion programs such as The Louisiana Adult Drug Court. These programs are considered drug treatment and are commonly assigned to first-time offenders. Since charges for possession of paraphernalia are not as severe as those for possession of drugs, individuals who are convicted are given a chance to redeem themselves and get their lives back on track through these unique programs. Typical diversion programs are ones that:

  • Run for one year or longer
  • Enforce strict rules that participants must follow
  • Require a contract
  • Result in the prosecution dropping charges

If you’re ready to move forward with your life and you’re given the opportunity to participate in one of these programs, it’s a viable option to avoid fines or time in jail.

Hire a Trusted Louisiana Drug Attorney to Defend You

If you’re facing charges for possession of paraphernalia, it’s time to get a trusted attorney on your side. In Louisiana, the John D. & Eric G. Johnson Law Firm is a reliable source of legal representation. Our firm has more than 25 years of experience working with ordinary people just like you. We have won thousands of cases across Louisiana and will work tirelessly to build a viable defense strategy for your case.

The attorneys at the John D. & Eric G. Johnson Law Firm are members of The Louisiana Bar Association and The National Association of Criminal Defense Lawyers. To schedule your free consultation call 318-377-1555 or contact us online today.

Recent Posts

  • Can Police Search Your Cell Phone During a Traffic Stop in Louisiana?
  • Defending Against Witness Misidentification in Louisiana Criminal Cases
  • Exploring Louisiana Drug Court Programs: An Alternative to Incarceration
  • What You Should Know About Louisiana’s Habitual Offender Laws
  • Evidence Suppression in DWI Cases: When Police Procedures Cross the Line

Practice Areas

  • Appeals And Post Conviction Relief
  • Louisiana Murder Defense Attorney
  • Criminal Defense
  • Criminal Expungement
  • Domestic Violence And Protective Orders
  • DUI And Vehicular Homicide
  • Louisiana Sex Offenses Attorney
  • Traffic Violations And CDL Licenses
  • White Collar Crimes

Contact Us

Attention: While this website provides general information, it does not constitute legal advice
John D. & Eric G. Johnson Law Firm, LLC
Facebook
LinkedIn
Yelp

John D. & Eric G. Johnson Law Firm, LLC
Office: 318-377-1555 | Fax: 318-377-1559
national association of criminal defense lawyers
lsba
criminal defense attorney louisiana
2018 top rated lawyer

John D. & Eric G. Johnson Law Firm, LLC
415 Main Street,
Minden, LA 71055

Areas Served: 
 Serving the entire State of Louisiana including Minden, Ruston, Monroe, Shreveport, Bossier City, as well as Caddo, Webster, and Ouachita parishes.
Ⓒ 2025 John D. & Eric G. Johnson Law Firm, LLC. Disclaimer Privacy Policy. Legal Website Powered by Market My Market