Drug paraphernalia is a term that refers to any type of equipment used to conceal, consume, and/or produce illegal drugs. This includes but is not limited to things such as roach clips, bongs, miniature spoons, and/or various types of pipes.
Federal law says that the term drug paraphernalia is defined as “any equipment, material, or product of any sort that is primarily designed or intended for the use in inhaling, ingesting, injecting, processing, preparing, concealing, producing, compounding, converting, manufacturing, or otherwise introducing into the body a controlled substance.”
What is a Crack Cocaine Pipe?
A crack pipe is a form of drug paraphernalia that is used to smoke crack cocaine out of. It can be made of metal, glass, or ceramic and can resemble many different things. Crack pipes can either be long or short, tube-like or cylindrical shaped and may or may not have a bowl at the end. Crack pipes are often made at home using various household goods. Common items used to make them can include:
- A hollowed-out tire gauge
- A hollow car antenna
- An aluminum soda can with holes punched in it
- A glass eye dropper
Occasionally an individual will purchase a disguised romantic gift novelty called a “love rose” to use. These are commonly found in gas stations or small grocery stores; they are small glass tubes that contain a tiny silk rose in them.
Selling, Buying, and Possession of a Crack Pipe
As we discussed above, a crack pipe can be obtained by either creating one (using common everyday household materials), or by purchase. It is illegal for any business to sell any form of drug paraphernalia. However, large manufacturers and stores do sell these items by claiming and marketing that they are for use with tobacco products only.
The National Drug Intelligence Center, a component of the U.S. Department of Justice, says the following:
Drug paraphernalia is illegal. The drug paraphernalia statute, U.S. Code Title 21 Section 863, makes it “unlawful for any person to sell or offer for sale drug paraphernalia; to use the mails or any other facility of interstate commerce or transport drug paraphernalia; or import or export drug paraphernalia. (NDIC)
Possession of any drug paraphernalia like a crack pipe is also illegal. State laws do vary on this, but it is an offense, punishable by law, to possess anything used to administer illicit substances if the items have been used for a drug offense. It is also illegal to be in possession of any item which one intends to use in connection with an offense.
For example, it is a crime to have a crack pipe or any other drug paraphernalia that has been used to smoke crack or other drugs, and it is also a crime to be in possession of a crack pipe or other drug paraphernalia and crack or other drugs at the same time.
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