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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

Posted

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)
Jlopiccolo@hbclaw.net

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.

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Posted

Even if the equipment such as lights, ballast, fans, filters can be legally purchased at your local hydroponic stores? Its the same equipment you can use to grow vegetables indoors. What can they charge you with?

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

If there is a connection to drug use, it can be charged as drug paraphenalia. It's like a screwdriver. Legal to own but in connection to a burglary, it becomes "burglar's tools". 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) Jlopiccolo@hbclaw.net

Posted

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..

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Posted

Even if the equipment such as lights, ballast, fans, filters can be legally purchased at your local hydroponic stores? Its the same equipment you can use to grow vegetables indoors. What can they charge you with?

Frank Mascagni III

Frank Mascagni III

Posted

Because the items may be lawfully purchased by when used illegally, they become illegal. Rolling papers are available at every convenient store but when found with marijuana, they become illegal. Meth precursors are legal, but when found together can become illegal. It depends on the exact language of the state statute. I don't practice in NY, so I'll defer to the avvo criminal defense lawyers who do.

Posted

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 Eric@RothsteinLawNY.com. 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.

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Posted

There is no marijuna involved or being grown, just equipment just lots of equipment

Posted

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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