Possession of Drug Paraphernalia

Possession of drug paraphernalia under North Carolina General Statute 90-113.21 occurs when a person (1) knowingly (2) uses or possesses with the intent to use (3) drug paraphernalia (4)(a) to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain or conceal or (b) to inject, ingest, inhale, or otherwise introduce into the body (5) a controlled substance that is unlawful to possess. This statute is written so broadly that drug paraphernalia can include a spoon, wrapping paper, plastic baggies, scales, needles, and various other “tools” used with illegal controlled substances.

Possession of drug paraphernalia is a class 1 misdemeanor with a maximum punishment under the law of 120 days incarceration and a discretionary fine not limited by statute.