Drug paraphernalia
Encyclopedia
Drug paraphernalia is a term used, often with a slightly negative connotation due to its use in criminal law field e.g. "possession of drug paraphernalia", to denote any equipment, product, or material that is modified for making, using, or concealing drugs, typically for recreational purposes
. Drugs such as cocaine
, heroin, marijuana
, and methamphetamine
are related to a wide range of paraphernalia. Paraphernalia generally falls into two categories including user-specific products and dealer-specific products. In some countries, such as the U.S.A., these items are illegal, while in other countries (in most of Europe in fact) their possession and sale is totally legal.
User-specific products include glass hashish pipes, crack cocaine pipes, smoking masks, hashish bong
s, cocaine freebase kits, syringe
s, roach clips for holding the burning end of a marijuana "joint"
. Some stores sell items for growing hydroponic marijuana, such as guidebooks, fertilizer, and fluorescent grow-lights.
The term paraphernalia also refers to items such as hollowed-out cosmetic case
s or fake pager
s when used to conceal illegal drugs, or products purported to cleanse an individuals system of drug residues to increase the individual's chance of passing a urine analysis for drug use.
Dealer-specific products are used by the drug sellers or traffickers for preparing drugs for distribution. Items such as digital scales
, vial
s, and small zipper storage bag
s that can be used to sell crack, heroin, or marijuana fall into this category.
, the 18 companies targeted accounted for more than a quarter of a billion dollars in retail drug paraphernalia sales annually.
According to the Federal Drug Paraphernalia Statute, 21 USC 863, which is part of the Controlled Substances Act
, in the USA it is illegal to sell, transport through the mail, transport across state lines, import, or export drug paraphernalia as defined. Possession is usually illegal under State law. The law gives specific guidance on determining what constitutes drug paraphernalia. Many states have also enacted their own laws prohibiting drug paraphernalia. Government crackdowns have resulted in the arrest of sellers of recreational drug paraphernalia, such as actor Tommy Chong
, who spent time in prison in 2003 for having his name used on bongs for sale via the internet.
The American drug paraphernalia laws can also apply to many items that have more legitimate uses than for illegal drugs. Small mirrors and other glass products (such as Pyrex
test tubes and "glass crack pipe
s"), lighters, rolled up currency, razor blades, aluminum/tin foil, credit cards, and spoons have all been used to prosecute people under paraphernalia laws, whether or not they contain residue of illegal drugs. While United States federal statute defines paraphernalia with the concept of primary use, in practice this can be interpreted to be what the individual was currently primarily using the item for, allowing for common items to be treated as paraphernalia only in cases where more clear evidence allows such determination of primary use.
Head shops are very much alive and well in the USA, however. Generally, though, they have signs near presumable paraphernalia saying "For tobacco use only" or "Not for use with illicit drugs." Many also ban customers for referencing use of illegal drugs when buying items. Similar policies are used in online head shops, where customers are often made to verify detailed disclaimers of their non-use of illegal substances before buying items.
Recreational drug use
Recreational drug use is the use of a drug, usually psychoactive, with the intention of creating or enhancing recreational experience. Such use is controversial, however, often being considered to be also drug abuse, and it is often illegal...
. Drugs such as cocaine
Cocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
, heroin, marijuana
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
, and methamphetamine
Methamphetamine
Methamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
are related to a wide range of paraphernalia. Paraphernalia generally falls into two categories including user-specific products and dealer-specific products. In some countries, such as the U.S.A., these items are illegal, while in other countries (in most of Europe in fact) their possession and sale is totally legal.
User-specific products include glass hashish pipes, crack cocaine pipes, smoking masks, hashish bong
Bong
A bong is a filtration device/apparatus generally used for smoking cannabis, tobacco,or other herbal substances.In construction and function a bong is similar to a hookah, except smaller and more portable...
s, cocaine freebase kits, syringe
Syringe
A syringe is a simple pump consisting of a plunger that fits tightly in a tube. The plunger can be pulled and pushed along inside a cylindrical tube , allowing the syringe to take in and expel a liquid or gas through an orifice at the open end of the tube...
s, roach clips for holding the burning end of a marijuana "joint"
Joint (cannabis)
Joint is a slang term for a cigarette rolled using cannabis. Rolling papers are the most common rolling medium among industrialized countries, however brown paper, cigarettes with the tobacco removed, and newspaper are commonly used in developing countries. Modern papers are now made from a wide...
. Some stores sell items for growing hydroponic marijuana, such as guidebooks, fertilizer, and fluorescent grow-lights.
The term paraphernalia also refers to items such as hollowed-out cosmetic case
Compact (cosmetics)
A compact is cosmetic product. It is usually contained in a small, round case, with two or all of the following: a mirror, pressed powder, and a powder puff. The term is an abbreviation for "compact powder"...
s or fake pager
Pager
A pager is a simple personal telecommunications device for short messages. A one-way numeric pager can only receive a message consisting of a few digits, typically a phone number that the user is then requested to call...
s when used to conceal illegal drugs, or products purported to cleanse an individuals system of drug residues to increase the individual's chance of passing a urine analysis for drug use.
Dealer-specific products are used by the drug sellers or traffickers for preparing drugs for distribution. Items such as digital scales
Weighing scale
A weighing scale is a measuring instrument for determining the weight or mass of an object. A spring scale measures weight by the distance a spring deflects under its load...
, vial
Vial
A vial is a relatively small glass vessel or bottle, especially used to store medication as liquids, powders or in other forms like capsules. They can also be sample vessels; e.g., for use in autosampler devices in analytical chromatography.The glass can be colourless or coloured, clear or amber...
s, and small zipper storage bag
Zipper storage bag
Zipper storage bags were patented by Robert W. Vergobbi on May 18, 1959. In the same year, Minigrip licensed them as pencil bags. Not until 1968 did Dow Chemical Company begin marketing for them...
s that can be used to sell crack, heroin, or marijuana fall into this category.
Sales
With the rise of the drug culture in the United States in the 1960s and 1970s, the country began to see the appearance of head shops, which were stores that sold a wide range of drug paraphernalia. While some of the paraphernalia was crude and home-made, much was being commercially manufactured to cater to a fast-growing market which persists today.Legal restrictions in the USA
In the USA, enterprising individuals even sold items openly in the street, until anti-paraphernalia laws in the 1980s eventually ended such sales. Today, law enforcement faces another challenge. With the advent of the Internet, drug paraphernalia sellers have greatly expanded their sales to a worldwide market. For example, in a recent law enforcement effort, Operation Pipe DreamsOperation Pipe Dreams
Operation Pipe Dreams was the code-name for a U.S. nationwide investigation in 2003 targeting businesses selling drug paraphernalia, mostly marijuana pipes and bongs, under a little-used statute of the U.S. Code...
, the 18 companies targeted accounted for more than a quarter of a billion dollars in retail drug paraphernalia sales annually.
According to the Federal Drug Paraphernalia Statute, 21 USC 863, which is part of the Controlled Substances Act
Controlled Substances Act
The Controlled Substances Act was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA is the federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain...
, in the USA it is illegal to sell, transport through the mail, transport across state lines, import, or export drug paraphernalia as defined. Possession is usually illegal under State law. The law gives specific guidance on determining what constitutes drug paraphernalia. Many states have also enacted their own laws prohibiting drug paraphernalia. Government crackdowns have resulted in the arrest of sellers of recreational drug paraphernalia, such as actor Tommy Chong
Tommy Chong
Tommy Chong is a Canadian-American comedian, actor, writer, director, activist, and musician who is well known for his stereotypical portrayals of hippie-era stoners...
, who spent time in prison in 2003 for having his name used on bongs for sale via the internet.
The American drug paraphernalia laws can also apply to many items that have more legitimate uses than for illegal drugs. Small mirrors and other glass products (such as Pyrex
Pyrex
Pyrex is a brand name for glassware, introduced by Corning Incorporated in 1915.Originally, Pyrex was made from borosilicate glass. In the 1940s the composition was changed for some products to tempered soda-lime glass, which is the most common form of glass used in glass bakeware in the US and has...
test tubes and "glass crack pipe
Love Rose
A love rose consists of a glass tube with a paper or plastic rose inside of it, and a bit of cork or foil on the ends to keep the rose from falling out. While ostensibly intended as romantic gifts, their primary known use is as a crack pipe by users of crack cocaine...
s"), lighters, rolled up currency, razor blades, aluminum/tin foil, credit cards, and spoons have all been used to prosecute people under paraphernalia laws, whether or not they contain residue of illegal drugs. While United States federal statute defines paraphernalia with the concept of primary use, in practice this can be interpreted to be what the individual was currently primarily using the item for, allowing for common items to be treated as paraphernalia only in cases where more clear evidence allows such determination of primary use.
Head shops are very much alive and well in the USA, however. Generally, though, they have signs near presumable paraphernalia saying "For tobacco use only" or "Not for use with illicit drugs." Many also ban customers for referencing use of illegal drugs when buying items. Similar policies are used in online head shops, where customers are often made to verify detailed disclaimers of their non-use of illegal substances before buying items.