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Do you have a
listing of current drug paraphernalia laws in the United States?
Drug paraphernalia is defined in U.S. Code Title 21, Section 863 as,
"any equipment, product, or material of any kind which is primarily
intended or designed for use in manufacturing, compounding, converting,
concealing, producing, processing, preparing, injecting, ingesting, inhaling,
or otherwise introducing into the human body a controlled substance .
. ." Since substance abuse prevention practitioners are often in
need of quick reference materials we created these tables to provide easy
to locate, state-by-state listings of drug paraphernalia laws. For more
information on this law, as well as for a legal definition of controlled
substances, please go to the U.S. code website at http://uscode.house.gov/search/criteria.shtml.
The tables detail the criminal and financial penanalities under six different
categories related to drug paraphernalia: possession, sale, sale to a
minor, manufacture, delivery to a minor, and delivery. Table 1 lists 11
states in the Northeast region: 8 states in the region have drug paraphernalia
laws in place and 3 do not. Table 2 lists laws in all 50 U.S. states.
Fifteen states do not have drug paraphernalia laws but the other 35 do.
Please see the tables below for details.
| Table
1: Drug Paraphernalia Laws in the 11 Northeast States* |
| |
Possession of Paraphernalia |
Sale of Paraphernalia |
Sale to a Minor |
Manufacture |
Delivery to a Minor |
Delivery |
| Connecticut |
90 days; $500 |
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| Delaware |
0 - 1 year; $2,300 |
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0 - 2 years |
0 - 5 years |
0 - 2 years |
| Maine |
0 - 6 months; $200 |
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| Maryland |
$500 |
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| Massachusetts |
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1 - 2 years; $500 - $5,000 |
3 - 5 years; $1,000 - $5,000 |
1 - 2 years; $500 - $5,000 |
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| New Hampshire |
0 - 1 year; $1,000 |
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| New Jersey |
No Laws Prohibiting the Use of Paraphernalia |
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| New York |
No Laws Prohibiting the Use of Paraphernalia |
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| Pennsylvania |
0 - 1 year; $5,000 |
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2 years; $5,000 |
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| Rhode Island |
No Laws Prohibiting the Use of Paraphernalia |
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| Vermont |
No Laws Prohibiting the Use of Paraphernalia |
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| * Information for these
tables was adapted from the National Organization for the Reform of
Marijuana Laws website (http://www.natlnorml.org/home.shtml). The
website was last updated on 1/24/00. It is important to note that
this information relates to paraphernalia, NOT drug use. |
| Table
2: Drug Paraphernalia Laws in the United State by State |
| |
Possession of Paraphernalia |
Sale of Paraphernalia |
Sale to a Minor |
Manufacture |
Delivery to a Minor |
Delivery |
| Alabama |
0 - 1 year; $2,000 |
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| Alaska |
No Laws Prohibiting the Use of Paraphernalia |
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| Arizona |
No Laws Prohibiting the Use of Paraphernalia |
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| Arkansas |
No Laws Prohibiting the Use of Paraphernalia |
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| California |
No Laws Prohibiting the Use of Paraphernalia |
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| Colorado |
$100 plus surcharge |
$100 plus surcharge |
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| Connecticut |
90 days; $500 |
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| Delaware |
0 - 1 year; $2,300 |
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0 - 2 years |
0 - 5 years |
0 - 2 years |
| District of Columbia |
0 - 1 year; $500 |
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|
0 - 8 years; $15,000 |
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| Florida |
0 - 1 year; $1,000 |
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| Georgia |
0 - 1 year; $1,000: Third offense: 1 - 5 years; $5,000 |
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| Hawaii |
No Laws Prohibiting the Use of Paraphernalia |
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| Idaho |
0 - 1 year; $1,000 |
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| Ilinois |
No Laws Prohibiting the Use of Paraphernalia |
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| Indiana |
$500 |
5 years; $10,000 |
|
5 years; $10,000 |
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| Iowa |
No Laws Prohibiting the Use of Paraphernalia |
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| Kansas |
0 - 1 year; $2,500 |
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| Kentucky |
90 days - 1 year; 2nd offense: 1 - 5 years |
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| Louisiana |
No Laws Prohibiting the Use of Paraphernalia |
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| Maine |
0 - 6 months; $200 |
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| Maryland |
$500 |
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| Massachusetts |
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1 - 2 years; $500 - $5,000 |
3 - 5 years; $1,000 - $5,000 |
1 - 2 years; $500 - $5,000 |
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| Michigan |
|
3 months; $5,000 |
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3 months; $5,000 |
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| Minnesota |
No Laws Prohibiting the Use of Paraphernalia |
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| Mississippi |
0 - 6 months; $500 |
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| Missouri |
0 - 1 year; $1,000 |
0 - 5 years; $5,000 |
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| Montana |
0 - 6 months; $500 |
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| Nebraska |
0 - 6 months; $1,000 |
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0 - 1 year; $1,000 |
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| Nevada |
0 - 6 months; $1,000 |
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| New Hampshire |
0 - 1 year; $1,000 |
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| New Jersey |
No Laws Prohibiting the Use of Paraphernalia |
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| New Mexico |
0 - 1 year; $50 - $100 |
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18 months; $5,000 |
0 - 1; $1,000 |
| New York |
No Laws Prohibiting the Use of Paraphernalia |
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| North Carolina |
1 - 120 days |
1 - 120 days |
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| North Dakota |
0 - 1 year; $2,000 |
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0 - 5 years; $5,000 |
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| Ohio |
0 - 30 days; $250 |
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6 months; $1,000 |
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| Oklahoma |
1 year; $1,000 |
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| Oregon |
0 - 1 year; $5,000 |
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| Pennsylvania |
0 - 1 year; $5,000 |
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2 years; $5,000 |
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| Rhode Island |
No Laws Prohibiting the Use of Paraphernalia |
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| South Carolina |
$500 civil fine |
$500 civil fine |
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| South Dakota |
30 days; $100 |
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| Tennessee |
0 - 1 year; $2,500 |
1 - 6 years; $3,000 |
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| Texas |
$500 |
0 - 1 year; $3,000 |
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| Utah |
6 months; $1,000 |
1 year; $2,500 |
0 - 5 years; $5,000 |
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| Vermont |
No Laws Prohibiting the Use of Paraphernalia |
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| Virginia |
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1 year; $2,500 |
1 - 5 years; $2,500 |
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| Washington |
0 - 90 days; $1,000 |
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| West Virginia |
No Laws Prohibiting the Use of Paraphernalia |
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| Wisconsin |
0 - 30 days; $500 |
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0 - 90 days; $1000 |
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0 - 9 months; $10,000 |
| Wyoming |
No Laws Prohibiting the Use of Paraphernalia |
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