Residents of Oklahoma might want to learn more about factors that receive consideration when criminal courts determine what constitutes drug paraphernalia. These are provisions of the Uniform Controlled Dangerous Substances Act.
What the owner says
According to the Oklahoma State Courts Network, there are some factors that have consideration for the determination of whether an object is drug paraphernalia. First, there is consideration of what the owner says. Anyone else who controls the object may state its use.
Is the object close to drugs?
Another consideration is whether the object is close to a direct violation of the Uniform Controlled Dangerous Substances Act. The proximity of the object to drugs is a consideration. Is there residue on the object that indicates a dangerous controlled substance?
Intent to deliver
When looking at drug charges, the courts consider whether a defendant intended to deliver the paraphernalia. This would be to any person who intends to use the object to violate the Uniform Controlled Dangerous Substances Act. If the person in control of the object is innocent of using drugs, that does not matter if the object’s purpose has a relation to drug use.
Written instructions or verbal
Verbal or written instructions on the use of paraphernalia receive consideration. Is the object for use for consumption of a dangerous controlled substance?
For sale
Courts also consider the display of the item for sale. Descriptive material that shows the item is for drug use also receives consideration. Is the distributor a legitimate supplier of like or related items to the community, such as a dealer in tobacco products?
Courts may look to the past history of legitimate use for the object as well. Expert testimony can tell more about the object.
The State of Oklahoma court network considers many factors in the determination of whether an object is in violation of the Uniform Controlled Dangerous Substances Act. If an object is deemed drug paraphernalia, then additional criminal charges might follow.
