Its a common question for criminal attorneys from clients facing a possession of drug paraphernalia charge how officers can determine what is and what isn’t drug paraphernalia. A pipe is often used as an example which could legitimately be used to smoke tobacco just as well as marijuana or crack cocaine. Tennessee law provides some degree of discretion to the courts when determining whether a device is drug paraphernalia or lawfully possessed. Tennessee law instructs the court as to the evidence which it should consider when determining the answer. The following is considered: 1. … [Read more...]