The whole idea in one picture
You don't need to be caught mid-use. The equipment itself — and any residue on it — can carry the charge. Here's how these cases usually run, and where they tend to land.
It's any item meant to be used with an illegal drug — to take it, prepare it, or inject it. Common examples:
Most of these charges come out of a search. Police can charge you if they:
These matters are almost always handled in the local or magistrates' court, and usually run like this:
For first-time or low-level cases, courts often impose a fine, a good-behaviour bond, or refer you to a diversion program instead of recording a conviction.
Penalties where you are
This is the maximum. Most cases are dealt with far more lightly.
Every case turns on its own facts, but these are the kinds of arguments a lawyer might use:
You weren't aware the item was there.
The item had a genuine, lawful purpose.
Police acted beyond their lawful powers.
No residue or anything else tying it to illegal drugs.
Even minor charges can leave a record — we can point you to criminal lawyers who handle these matters and diversion in your state.
Read this first
This page explains how these charges generally work — it can't tell you what will happen in your case. Penalties shown are the legal maximums, which courts rarely reach for this offence. If you've been charged, talk to a criminal lawyer before deciding anything.
