Drug Paraphernalia Charges in Pennsylvania

Last updated October 4, 2026.

A pipe in a console, a grinder in a backpack, a scale in a kitchen drawer: drug paraphernalia charges usually start with an item found during a stop or a search, and they are often filed alongside a possession charge. Many people assume the charge is minor. In Pennsylvania it is a misdemeanor, and it leaves a criminal record. This page explains what the law covers, how the case moves through Lawrence County, and what can be done. My general approach to criminal cases is on the main criminal defense page.

What counts as drug paraphernalia?

The Controlled Substance, Drug, Device and Cosmetic Act defines drug paraphernalia as "all equipment, products and materials of any kind" used, intended for use or designed for use in growing, making, packaging, storing, concealing, or "injecting, ingesting, inhaling or otherwise introducing into the human body" a controlled substance in violation of the Act (35 P.S. 780-102). The definition lists examples, including growing kits, scales, cutting agents, small bags and containers for packaging, syringes, and pipes, water pipes, bongs, chillums and roach clips.

The key words are "used, intended for use or designed for use." Many items on the list have ordinary lawful uses, so the Act tells courts what to weigh in deciding whether an object is paraphernalia, including:

statements by the owner or the person in control of it about how it is used;
any prior drug convictions of the owner or the person in control of it;
how close it was, in time and place, to a drug violation or to controlled substances;
whether there is drug residue on it;
instructions or descriptions that came with it, and how it was advertised or displayed for sale;
whether there are legitimate uses for it in the community, and expert testimony.

The same list adds that an owner's innocence of a direct drug violation "should not prevent a finding" that the object is paraphernalia. In other words, the object is judged on its own facts.

What is not paraphernalia anymore?

Act 111 of 2022, approved November 3, 2022, amended the definition so that it "does not include testing products utilized in determining whether a controlled substance contains chemicals, toxic substances or hazardous compounds in quantities which can cause physical harm or death," and it says those testing products include fentanyl test strips. Possessing a test strip is not a paraphernalia offense under the current definition.

How does a paraphernalia case move through Lawrence County?

Because the charge is a misdemeanor, it follows the criminal court path, the same one the District Attorney's Criminal Justice Roadmap describes for other crimes:

The stop or search. A case usually begins with a traffic stop or a search of a home or a person. The District Attorney's office describes a countywide Drug Task Force made up of officers selected by member police agencies' chiefs and approved by the District Attorney, with authority to act anywhere in Lawrence County. How police may search a car is covered in your rights during a traffic stop and vehicle search.
The criminal complaint. An officer files a written complaint with the magisterial district court, and the court issues a summons or an arrest warrant. For Ellwood City and the nearby townships, complaints go to the office described in what to expect at the Ellwood City district court.
Preliminary arraignment. If you are arrested, a district judge gives you the complaint, explains your right to a lawyer and the bail conditions, and sets the preliminary hearing no later than 14 days out if you are held on this case only, or 21 days if you are not, unless extended for cause (Rule 540(C), (F), (G)(1)).
The preliminary hearing. Every Lawrence County preliminary hearing is held at Central Court, 202 Milton Street, New Castle, next to the county jail, on Tuesdays, Wednesdays and Thursdays at 9:30 a.m. The judge decides only whether there is a prima facie case (Rule 542(D)), as explained in what happens at a preliminary hearing in Lawrence County.
The Court of Common Pleas. A case held for court moves to the Courthouse at 430 Court Street, New Castle, where the District Attorney files a criminal information. The Public Defender describes a formal arraignment, then a "Call of Trial" about a month later, at the Lawrence County Courthouse.
Diversion, plea or trial. ARD and the Act's treatment routes, described below, are usually decided here.

What are the penalties?

Paraphernalia offenses (35 P.S. 780-113(a)(32) to (34), (i))
Conduct	Grade	Maximum jail	Maximum fine
Using, or possessing with intent to use, drug paraphernalia	Misdemeanor	1 year	$2,500
Delivering, possessing with intent to deliver, or making paraphernalia, knowing or having reason to know it will be used with drugs	Misdemeanor	1 year	$2,500
Advertising objects to promote their sale as paraphernalia	Misdemeanor	1 year	$2,500
Delivering paraphernalia to a person under 18 who is at least 3 years younger	Second-degree misdemeanor	2 years	$5,000

For comparison, possession of a small amount of marijuana for personal use, defined in the Act as 30 grams of marijuana or 8 grams of hashish, carries up to 30 days and a $500 fine (780-113(a)(31), (g)). That means a pipe can carry a higher maximum than the small amount of marijuana found with it. Simple possession of other controlled substances carries up to one year and a $5,000 fine, rising to three years and $25,000 after an earlier final conviction under the Act (780-113(a)(16), (b)).

How does this fit with a possession charge?

Paraphernalia is usually charged with simple possession or, when the items suggest packaging and weighing for sale, with possession with intent to deliver. Scales and small bags are both on the statutory list, and the difference between those charges, and how intent is proven, is explained in possession versus possession with intent to deliver.

If the items were found in a car and the driver is suspected of being impaired, a drug DUI may also be filed, covered in DUI for prescription pills or medical marijuana. That case has its own testing questions, including whether police need a warrant to draw blood.

What changes the answer?

What the object is and how it was used. The definition turns on use, intended use or design, judged by the factors the Act lists, such as residue and nearness to drugs (780-102).
Using it or passing it on. Delivery to someone under 18 who is at least three years younger is a second-degree misdemeanor with a two-year maximum (780-113(i)).
How it was found. In Commonwealth v. Alexander (2020), the Supreme Court of Pennsylvania held that a warrantless search of a car requires both probable cause and exigent circumstances; "one without the other is insufficient." Evidence from a search that does not meet the standard can be challenged.
Your record. Section 780-113(i) has no higher penalty tier for a repeat paraphernalia offense, but an earlier drug conviction, any earlier misdemeanor or felony conviction, or an earlier ARD for a drug charge or other crime rules out probation without verdict (section 17(1)).
Whether drug dependency is part of the picture. Both of the Act's diversion routes depend on it (sections 17, 18).
When the charge is filed. A prosecution for most offenses must begin within two years (42 Pa.C.S. 5552(a)); the five-year list in 5552(b) covers drug offenses only when they are punishable under section 13(f) of the Act, which does not include paraphernalia.

Are there ways to avoid a conviction?

The Act itself offers two routes for people with a drug problem, in addition to ARD:

Probation without verdict (section 17). A person who pleads guilty or no contest to a nonviolent offense under the Act and proves drug dependency, through a physician or psychologist trained in drug abuse, may be placed on probation without a verdict. People with an earlier drug conviction, any misdemeanor or felony conviction, or an earlier ARD for a drug charge or crime are not eligible. If the person completes probation, the court dismisses the case without an adjudication of guilt, and it is not a conviction "for any purpose whatever." If the person violates a condition, the court may enter judgment and proceed as in any criminal case, or continue the probation. How violation hearings work is covered in probation violation hearings in Pennsylvania.
Treatment in lieu of prosecution (section 18). A person charged with a nonviolent crime who claims drug dependency and asks for treatment before trial can be evaluated by a court-appointed physician; if the prosecutor accepts the recommendation, the charges may be held in abeyance while treatment proceeds. A charge may be held no longer than the shorter of the statute of limitations or the maximum sentence, and it is then dismissed automatically.
ARD. The motion is made by the attorney for the Commonwealth (Pa.R.Crim.P. 310), and completing the program earns a dismissal (Rule 312). When the judge dismisses the charges, the judge also orders the arrest record expunged; the Commonwealth may object within 30 days, and the judge then holds a hearing (Rules 319, 320). The Lawrence County Clerk of Courts lists an ARD clerk fee of $19.50 plus a $50 DA approval fee. The program in general is explained in ARD in Pennsylvania.

Probation without verdict and treatment in lieu of prosecution are each available only once. And if the charges are withdrawn or dismissed, or the person is acquitted, section 19 requires the arrest and prosecution records under the Act to be expunged, as a matter of right, once; the court must order it within five days.

Will a conviction stay on my record?

A paraphernalia conviction is a misdemeanor punishable by no more than two years, so it falls within Clean Slate's automatic limited access after seven years free of conviction for an offense punishable by a year or more, once restitution is paid and subject to the statute's exceptions (18 Pa.C.S. 9122.2(a)(1)). Charges that end without a conviction are subject to limited access as well (9122.2(a)(2)). The other tools are in clearing a criminal record in Pennsylvania.

A worked example

For example, take a hypothetical driver (not a real case) with no record who is stopped in Ellwood City for a broken taillight. The officer sees a glass pipe with residue in the console, searches the car without a warrant and finds a small bag holding about 5 grams of marijuana.

The likely charges are use or possession with intent to use paraphernalia, up to one year and $2,500, and possession of a small amount of marijuana, up to 30 days and $500 (780-113(a)(31), (a)(32), (g), (i)). The residue and the nearby marijuana are both factors the Act lists for deciding whether the pipe is paraphernalia.

The first question is the search. Under Alexander, a warrantless car search needs both probable cause and exigent circumstances, so what the officer saw, and whether there was a warrant or another lawful basis for the search, matters. If the search holds up, a driver with no record could ask the District Attorney about ARD. If drug use is a real problem, section 18 treatment or section 17 probation without verdict may also be possible. If the driver showed signs of impairment, a separate drug DUI could follow.

Common mistakes on a paraphernalia charge

Treating it like a traffic ticket. It is a misdemeanor, filed by criminal complaint, and a conviction leaves a criminal record.
Explaining what the item is for. Statements by the owner about how an object is used are the first factor the Act lists (780-102).
Not writing down how the search happened. The details decide whether the Alexander standard was met, and memories fade quickly.
Using a one-time option without a plan. Probation without verdict, treatment in lieu of prosecution and the section 19 expungement are each limited to once (sections 17, 18, 19).
Waiting to ask for a public defender. The county Public Defender asks people to apply each time they receive a new charge, and to call at least two weeks before the preliminary hearing.

What to do this week

Write down how the stop or search happened: the time, the place, what the officer said, and whether you were asked for consent.
Keep every paper you were given, including the complaint, any summons and any property receipt.
Look up the case on the UJS Portal by name or offense tracking number, and note the preliminary hearing date at Central Court.
Do not discuss what the items were used for with anyone but your lawyer.
List any earlier drug cases, convictions or ARD, since they decide which diversion routes are open.
If drug use is a real problem, keep records of any treatment or evaluation; sections 17 and 18 turn on drug dependency.
If you cannot afford a lawyer, call the Public Defender at least two weeks before the preliminary hearing.

Frequently asked questions

Can I be charged with paraphernalia if no drugs were found?

It can happen. The offense is using or possessing an object with intent to use it with a controlled substance (780-113(a)(32)), and the factors include residue and statements about use, not only drugs found nearby (780-102).

Is a paraphernalia charge a summary offense or a misdemeanor?

A misdemeanor in every form, never a summary offense; the table above shows the limits (780-113(i)).

How long does the Commonwealth have to file a paraphernalia charge?

Generally two years from the offense (42 Pa.C.S. 5552(a)). The longer five-year period applies to the theft and other offenses listed in 5552(b), and among drug offenses only to those punished under section 13(f) of the Act.

Does a paraphernalia conviction affect gun ownership under Pennsylvania law?

Pennsylvania's firearm ban covers a conviction under the Act "that may be punishable by a term of imprisonment exceeding two years" (18 Pa.C.S. 6105(c)(2)). The paraphernalia offenses carry a maximum of one or two years, so they are not reached by that provision on their own. Federal law has its own rules, which are outside this page.

Will an employer see a paraphernalia conviction?

A conviction that has not been sealed stays part of the criminal history record. What employers may consider, and what changes once a record is sealed, is covered in whether an employer can refuse to hire you over an old conviction.

If you were charged with possessing drug paraphernalia in Ellwood City, New Castle or anywhere in Lawrence County, how the item was found and what it actually was are both worth examining. You work directly with me, and the first consultation is always free and confidential.

Is possessing drug paraphernalia a crime in Pennsylvania?