Drug Crimes, Substance Abuse possession of paraphenalia?

[psychdlcballz]

I was running late for school a few days ago, so I was going a little faster than I should have, and a state trooper pulled me over. After I gave him my driver's license, he said my car smelled like weed and asked if he could search it. I told him yes and he asked me to stand behind my car. While he was going through my backseat, I was pacing to and fro behind the car (it was crazy cold tht morning) and he got out of my car, yelled at me to remain stationary, and proceeded to put me in handcuffs and put me in the front seat of his patrol car. I was very cooperative and did just what I was told. So while I was safe and sound in his car, he went back to searching mine. Well, after an extensive search of my car, he found nothing (just like I knew he would). All he was able to find was a package of cigarette rolling papers in my wallet (which, as far as I know, are completely legal by themselves). Yet, he still opted to write me a ticket for possession of paraphenalia! How is this possible? You can buy them at any gas station! So, my question is this: what should I do? can I really get in trouble for something like that? Also, if I get the charge dropped, can I ask for my papers back? Haha nah but seriously...what would you do?

 

[CdwJava]

What state are you in, and what section were you cited for? If you are under 18, then these would also be paraphernalia for smoking cigarettes.

- Carl

 

[psychdlcballz]

I am 19 years old and it says : G.S. 90-113.22(A)

 

[CdwJava]

And ... what state is this?

- Carl

 

[psychdlcballz]

ohh sorry...im in north carolina

 

[CdwJava]

Here is the seection:

§ 90‑113.22. Possession of drug paraphernalia.

(a)It is unlawful for any person to knowingly use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, or conceal a controlled substance which it would be unlawful to possess, or to inject, ingest, inhale, or otherwise introduce into the body a controlled substance which it would be unlawful to possess.

(b) Violation of this section is a Class 1 misdemeanor. (1981, c. 500, s. 1; 1993, c. 539, s. 624; 1994, Ex. Sess., c. 24, s. 14(c).)​

I suppose tobacco might be considered a controlled substance under your statutes, but it is more likely that the officer will argue that the papers are used to roll marijuana. It will be up to the state to prove the elements of the offense. As I am unfamiliar with NC law, I can't say whether the papers alone are paraphernalia, but if they are able to be sold in a store, I suspect that they are legal and the state will have to show they were intended for unlawful use.

- Carl