Can I be arrested for drug paraphernalia in Wisconsin?

You might think merely possessing drug paraphernalia like a pipe or decorative bong would be legal as long as you weren’t using it or selling it, but that’s not always the case. Both Wisconsin and federal law have strict statutes against possession of drug paraphernalia with the intent to use, but because your real intent might not always be clear, you could find yourself in trouble.

Intent to Use

The real question regarding possession of drug paraphernalia is whether you intend to use it, either to ingest or inhale something, or to grow or prepare something. If you have an ornamental bong that clearly can’t be used to actually smoke anything, you can’t be charged with possession of drug paraphernalia under the law as currently written. However, initial confusion about whether the paraphernalia could be used could result in charges until you prove that the items aren’t usable.

Of course, if you did intend to use the paraphernalia, that’s a different story. Merely possessing the items could see you in jail for up to 30 days and/or fined as much as $500. Actually using or selling the items could get you more severe penalties.

Mitigating Factors

You’re obviously going to want to reduce the charges or have them dismissed if possible, so looking for mitigating factors will be one of the tasks you and a lawyer need to look at. If you can’t prove that the paraphernalia wasn’t meant for use, can you prove that it was someone else’s? Did the police search you without cause? Did you say you were going to use the items because you were under duress as the police questioned you?

All of these could potentially get the charges dropped, but you need to speak with a lawyer first. Contact Eisenberg Law Offices at (608) 256-8356 to arrange for an appointment.