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Can a person be arrested or charged for having equipment to grow marijuna but have no marijuna on premises?

Flushing, NY |

Can a person be charged or arrested for having just equipment in a house that is used to grow marijuna? No marijuna plants or marijuna on premisese at all just equipment to be clear

Attorney Answers 4

  1. If it is clear that it is "paraphenalia" for drug use/production....Yes.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

  2. Yes a person can be charged with a criminal offense if the items seized were drug paraphernalia in the eyes of the arresting/citing officer. You are of course entitled to a defense of these charges. Get an attorney to assist you.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

  3. I'm not sure the paraphernalia statute applies to marijuana. It is in Article 220 and deals with controlled substances,not marijuana , which is Artic e 221.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

  4. Drug paraphernailia refers to controlled substances. If the equipment found includes scales and balances, even if there were no controlled substances or pot, scales and balances are used in both types of substances. So the police could bring a charge of 220.50 (3) on the bare claim that it was for controlled substances. However, a conviction might be a different matter, and the charge would be subject to challenge before then.

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