• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Possession of drug paraphernalia

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

abcde

Junior Member
What is the name of your state? VA

I am a tobacco retailer. I've been in this county for <2 yrs, and I bought this business an yr ago. I bought all the inventory from my previous owner. He had glass pipes, bongs, hukahs and other stuff. I had my police officers come to my store and bought cigarette, lottery, cigars, etc. All this these stuff was displayed in a glass showcase. One day one policeman walked in and he wrote me a ticket for Possession of drug paraphernalia and took away all the stuff. I did not know anything about it. I was selling b/c my previous owner was selling & still there are many places where they sell this stuff in public. I went to court for this and the jude convicted me of misdemeanor. They say this charge will stay for the whole life. I am really innocent. I did not do this knowingly. Even if the policemen did not know the law, how am I suppose to know it? So what should I do now? Can someone pls tell me how this charge will affect me? What can I do to get rid of it? I still have to become US citizen. Will I get affected by it? Pls advise.What is the name of your state?
 


FlyingRon

Senior Member
You screwed your self. You most likely were guilty. While you can make arguments for the hookahs, much of the rest you describe is not a grey area. Head shops were legislated out of business back in the seventies. You should have consulted a LAWYER before going to court. I can't seen any grounds to vacate the conviction at this point.
 

JustAPal00

Senior Member
There are still head shops around here, but you have to be careful what you refer to items as. For instance a bong is called a water pipe. If a police officer were to go into a shop and ask to see a bong, the employee would say we don't sell them, but we do sell water pipes for tobacco. If the employee acknowledged any type of drug usage or terminology, they will be shut down. Maybe you just said the wrong thing!
 
the whole "I didn't know this was illegal" defense isn't gonna fly. it gives you zero ground to stand on. if you are in the US, it is expected of you to know the law. it's a pretty good idea no matter where you find yourself.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top