Free Consultation

All fields are required.

Drug Paraphernalia Charges

In addition to controlled substances being illegal in Nevada, state law also prohibits the use, delivery, sale, possession, manufacture, and advertising of drug paraphernalia. While paraphernalia is generally viewed as objects or materials that can be used to make, use, or carry illegal drugs, the definition is broad enough to include several items that have perfectly legal primary uses.

Criminal charges relating to drug paraphernalia are often filed in conjunction with possession charges, but police officers can sometimes arrest people for these offenses even when the person did not have any controlled substance. Convictions for these offenses can result in incarceration and fines.

Lawyer for Drug Paraphernalia Charges in Las Vegas, NV

Were you recently arrested in Nevada for any kind of drug paraphernalia offense? The Law Offices of Jeffrey Jaeger can fight help achieve the most favorable possible outcome to your case.

Jeffrey Jaeger is a criminal defense attorney in Las Vegas who represents clients in communities throughout Clark County, including North Las Vegas, Henderson, and many more. You can take advantage of a free consultation so that Jeffrey can review your case as soon as you call (702) 816-3888 or complete an online contact form today.


Overview of Drug Paraphernalia Arrests in Clark County


Back to top

Types of Drug Paraphernalia in Nevada

Nevada Revised Statute 453.554 defines drug paraphernalia as “all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling or otherwise introducing into the human body a controlled substance.” The term includes, but is not limited to:

  • Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
  • Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing or preparing controlled substances;
  • Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
  • Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
  • Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
  • Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
  • Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;
  • Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;
  • Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances; and
  • Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.

Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body are also considered drug paraphernalia. Examples include, but are not limited to:

  • Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
  • Water pipes;
  • Smoking masks;
  • Roach clips, which are objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
  • Cocaine spoons and cocaine vials;
  • Carburetor pipes and carburetion tubes and devices;
  • Chamber pipes;
  • Electric pipes;
  • Air-driven pipes;
  • Chillums;
  • Bongs; and
  • Ice pipes or chillers.

The factors that police officers, prosecutors, and courts use to identify objects as drug paraphernalia are established under Nevada Revised Statute 453.556. An acquittal to drug possession or other controlled substance violations does not prevent a finding that an object is intended for use or designed for use as an item of drug paraphernalia.

Some of the factors that will be considered include:

  • Statements by an owner or by anyone in control of the object concerning its use;
  • Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
  • The proximity of the object, in time and space, to a direct violation of NRS;
  • The proximity of the object to controlled substances;
  • The existence of any residue of controlled substances on the object;
  • Direct or circumstantial evidence of the intent of any owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter;
  • Instructions, oral or written, provided with the object concerning its use;
  • Descriptive materials accompanying the object which explain or depict its use;
  • National and local advertising concerning its use;
  • The manner in which the object is displayed for sale;
  • Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; and
  • Expert testimony concerning its use.

Back to top

Drug Paraphernalia Penalties in Las Vegas

State law establishes multiple crimes relating to drug paraphernalia. Possible offenses include:

  • Unlawful delivery, sale, possession or manufacture of drug paraphernalia, Nevada Revised Statute 453.560 — Delivery, sale, possession with the intent to deliver or sell, or manufacturing with the intent to deliver or sell any drug paraphernalia that an alleged offender knows or should reasonably know that the paraphernalia will be used to make, store, or use a controlled substance is a category E felony punishable by up to four years in prison and/or a fine of up to $5,000;
  • Unlawful delivery of drug paraphernalia to minor, Nevada Revised Statute 453.562 — Delivery of drug paraphernalia to a person under 18 years of age by an alleged offender 18 years of age or older who is at least 3 years older than the minor is a category C felony punishable by up to five years in prison, a fine of up to $10,000, and/or restitution for any reasonable costs incurred for the minor’s participation in a program for the treatment of the abuse of controlled substances;
  • Unlawful advertising of drug paraphernalia, Nevada Revised Statute 453.564 — Placing any advertisement in any printed publication knowing or under circumstances where one reasonably should know that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia is a misdemeanor punishable by up to six months in jail and/or a fine of up to $1,000; and
  • Unlawful use or possession of drug paraphernalia, Nevada Revised Statute 453.566 — Using or possessing with the intent to use drug paraphernalia to make, store, or use a controlled substance is a misdemeanor punishable by up to six months in jail and/or a fine of up to $1,000.

Back to top

Nevada Drug Paraphernalia Arrest Resources

Buckles v. First Judicial Dist. Court of State — On July 7, 2012, a Carson City Sheriff’s Deputy saw James Daniel Buckles stop at an apartment building known for drug activity and stopped his convertible after Buckles rolled through a stop sign. The deputy asked Buckles if he could search his car and Buckles consented to the search. After summoning for backup, a canine alerted the deputy to an area under the driver’s seat, where the backup deputy pulled out a plastic baggie that appeared to contain remnants of a white crystalline or powdery substance. Buckles testified that the baggie was the corner piece of a sandwich bag, but a NIK test performed on the baggie showed it presumptive for methamphetamine. Buckles was convicted of possession of drug paraphernalia but argued that Carson City Municipal Code 8.04.126—in conjunction with Nevada Revised Statute 453.554—is unconstitutionally vague. The First Judicial District Court and the Supreme Court of Nevada both denied the appeal, with the Supreme Court of Nevada citing the United States Supreme Court’s 1994 decision in Posters 'N' Things, Ltd. v. United States that the scienter requirement that it inferred in 21 U.S. Code § 857 “assists in avoiding any vagueness problem” and the Carson City Municipal Code contained such a scienter requirement prohibiting the use or possession with intent to use drug paraphernalia.

Drug Paraphernalia Fast Facts | United States Department of Justice (DOJ) — The DOJ’s National Drug Intelligence Center produced this document discussing drug paraphernalia. It covers what is considered drug paraphernalia, what paraphernalia looks like, and where paraphernalia is sold. The document also covers types of paraphernalia and what drugs paraphernalia is commonly used for.


Back to top

Find a Lawyer for Drug Paraphernalia Arrests in Las Vegas, Nevada

People mistakenly assume that criminal charges relating to paraphernalia are not as serious as other illegal drug crimes. If you were arrested for any kind of paraphernalia offense in Nevada—even if you were not charged with possession of a controlled substance—it is in your best interest to contact The Law Offices of Jeffrey Jaeger as soon as possible.

Las Vegas criminal defense attorney Jeffrey Jaeger is the former Director of Litigation Support for the Clark County Public Defender's Office who has helped defense lawyers effectively present evidence in criminal cases. You can have him provide a thorough evaluation of your own case by calling (702) 816-3888 or submitting an online contact form for a free, confidential consultation.


Back to top