Possession of Marijuana Paraphernalia

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Possession of Marijuana Paraphernalia in Birmingham

When individuals in Birmingham and the rest of the state of Alabama are faced with possession of marijuana paraphernalia charges, the charges have the potential to result in serious consequences. Not to mention, marijuana paraphernalia that is found to contain any trace of marijuana residue can result in a possession of marijuana in addition to a possession of marijuana paraphernalia charge. Individuals who are charged with possession of marijuana paraphernalia charges in Birmingham frequently find that consulting with an experienced criminal defense lawyer can prove beneficial. It is also essential for individuals facing possession of marijuana paraphernalia charges in Birmingham to understand some essential information about the charges.

The Requirements For A Marijuana Paraphernalia Charge

It is critical that individuals understand what constitute a marijuana paraphernalia charge. Alabama state law makes it against for any person to possess drug paraphernalia that can be used to achieve a variety of purposes. The statute regarding marijuana paraphernalia is written in such a broad way that many different types of devices can constitute paraphernalia.

Some of the most common examples of drug paraphernalia include baggies, bongs, bowls, jars, pipes, rolling papers, and scales.

In many cases, however, it might be unclear whether a device is intended for drug use. In these situations, surrounding facts can influence a court of law's determination of whether the device is considered drug paraphernalia including any instructions about how the device is to be used, statements given by the owner of the device, whether there is any residue in the device, and whether there are any other additional uses for the device.

Penalties For Marijuana Paraphernalia Charges in Birmingham

Individuals must remember that charges of drug paraphernalia are often grouped together with drug charges even in situations where an individual only possesses drug paraphernalia.

An individual who faces a first time charge of marijuana paraphernalia faces a Class A misdemeanor, which carries up to a year in prison and a maximum fine of $5,000.

Any subsequent marijuana paraphernalia offense is considered a Class C felony that is punishable by one to ten years in prison. As a result, individuals who face a marijuana paraphernalia charge must understand that these charges frequently include substantial prison sentences.

Defending A Marijuana Paraphernalia Charge In Birmingham

There are several different legal strategies that an individual can use to defend against a marijuana paraphernalia charge. Selecting an appropriate strategy and being able to fully argue this strategy can have a large impact upon how a case is decided.

Some of the most common strategies in defending a drug paraphernalia charge are denial of guilt, partial admission of guilt with an explanation for what occurred, and a conditional admission of guilt.


The success of each strategy depends greatly upon the facts. A skilled criminal defense attorney knows how to assess the situation to determine the best strategy to use.

How A Talented Birmingham Criminal Defense Lawyer Can Help


If you are faced with a marijuana paraphernalia charge or a marijuana paraphernalia in combination with a drug possession charge, contact Eversole Law Offices to obtain the strong and competent legal representation that you deserve.

We serve the following localities:

Birmingham, Jefferson County including Bessemer, Homewood, Hoover, Irondale, Leeds, Mountain Brook, Trussville, and Vestavia Hills, Shelby County (including Pelham, Alabaster, Chelsea, Calera), Tuscaloosa, Auburn, Huntsville, Calhoun County including Anniston, Etowah County including Boaz and Gadsden, Cullman County including Arab and Cullman, Madison County including Huntsville and Madison, Montgomery County including Montgomery, and all of Alabama.

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