What does It Mean to be Charged with Drug Paraphernalia?

This is a word that is used a lot in criminal contexts, and is often lumped together with drug charges. What is paraphernalia? 

Paraphernalia is a term that can apply to any materials that are used to grow marijuana, but can also apply to rolling papers if they were going to be used as papers for joints, baggies that hold marijuana, or a bowl with residue of marijuana.

Rather than a Class I misdemeanor possession of drug paraphernalia, there is a specific charge for possession of marijuana paraphernalia, which is a Class 3 misdemeanor. The Class 1 misdemeanor Possession of Drug Paraphernalia is governed by North Carolina General Statute § 90-113.21, while the Class 3 misdemeanor is governed by North Carolina General Statute §90-113.22A. This differentiation in the statutes governing marijuana drug paraphernalia has also lowered the misdemeanor level for the marijuana paraphernalia. Generally, this charge will result in lower punishments, with fewer potential days in jail, and generally lower fines. 

If you have any questions about drug paraphernalia, or marijuana possession, call the Law Offices of Wiley Nickel, PLLC. You can call the Offices for a FREE consultation, or contact the attorneys directly by email. 


Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.