Question about paraphernalia

[merithyn]

A friend of mine and I got into a discussion about pot paraphernalia, i.e. pipes, papers, etc. I've heard for most of my life that owning paraphernalia isn't illegal; it's the smoking of pot that is. She thought that actually having the stuff on hand - even without any pot or pot residue - was illegal.

Now, I know this will be different on a state-by-state basis, but does anyone know what the general rule is on this?

Disclaimer: Neither she nor I have any; we were just discussing the oddity of laws, and it came up that one could have the supplies without doing the deed and that would be okay.

[Zanza]

Papers? You can also make cigarettes with those papers, so they can't really be illegal, no?

[merithyn]

Yeah, papers are sold in tobacco stores, so I know those are legal. I was thinking more along the lines of pipes and the like.

Is there a difference between tobacco pipes and pot pipes?

[Caliga]

Not sure, but I can tell you that headshops in both Kentucky and Masssachusetts openly sell paraphernalia.  I bought a one hitter at a place in downtown Louisville a year or so ago and it was sitting out in plain sight next to a bin full of bongs.

[Brazen]

Don't know about the US, but here it's not considered illegal, but is good cause for a stop-and-search and a search of property or car. Don't think anyone carries a crack pipe for it's aesthetic value.

[CountDeMoney]

A friend of mine and I got into a discussion about pot paraphernalia, i.e. pipes, papers, etc. I've heard for most of my life that owning paraphernalia isn't illegal; it's the smoking of pot that is. She thought that actually having the stuff on hand - even without any pot or pot residue - was illegal.

Some municipalities won't allow them to be sold in some areas, but it's not illegal in and of itself.
Although, we used to apply the plain view doctrine with that stuff.  I don't know if the Supreme Court ever bounced that.

[BuddhaRhubarb]

It always varies by locality. Some provinces and states as far as i know have to call such things "novelty items". It's like calling vibrators "back massagers". Ridiculous. Tommy Chong went to jail for selling pipes online ffs.

[Admiral Yi]

Is there a difference between tobacco pipes and pot pipes?

Pot pipes, which I haven't seen in decades, are way smaller.  If you tried to fill up a tobacco pipe with ganja it would cost a million dollars.  All I see these days are pinch hitters (look kinda like cigarette holders).

[Barrister]

Paraphernalia itself is not illegal in Canada.

However it has residue on it it might be.

[Caliga]

Pot pipes, which I haven't seen in decades, are way smaller.  If you tried to fill up a tobacco pipe with ganja it would cost a million dollars.  All I see these days are pinch hitters (look kinda like cigarette holders).

Yeah, you'd never mistake a pot pipe for a tobacco pipe.  I don't actually have one unless you want to count my pinger as a "pipe", but they typically look more like a whistle than a tobacco pipe.

[Admiral Yi]

Yeah, you'd never mistake a pot pipe for a tobacco pipe.  I don't actually have one unless you want to count my pinger as a "pipe", but they typically look more like a whistle than a tobacco pipe.

Whistle?  More like a kazoo.

[Caliga]

Whistle?  More like a kazoo.

Yeah, much better comparison.  But still more like a whistle than a tobacco pipe.

[Strix]

The law in NYS gets whacky. I don't believe that paraphernalia by itself is illegal but it does become so when several items are brought together.

An example...

It's not illegal to own them but if you possess a digital scale, some glassine baggies, and a cutting agent at the same time it becomes Criminal Possession of Drug Paraphernalia. There doesn't have to be drug residue present.

[syk]

Here afaik only the ownership, buying and selling of drugs is verboten. The actual consumption isn't. Neither is the owning of papers, pipes, bongs, shillums, kawooms and whathaveya.

[Barrister]

That being said possession of paraphenelia can attract extra police attention, can be grounds for a search warrant, can be used as evidence to prove intent to traffic, etc.