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Drag Paraphernalia&Hypodermic Needles <br /> • The OLD Drug Paraphernalia Statute(§152.092)was repealed in its entirety. <br /> • $151.40("Possession of Hypodermic Needles"Statute)was amended—it is also no longer a crime to <br /> possess hypodermic needles,regardless of their intended use. <br /> o It is only a crime to manufacture or sell hypodermic needles. <br /> • HOWEVER,because hypodermic needles were excluded from the definition of"drug paraphernalia" <br /> under Chapter 152,residual amounts contained in needles can be charged as 5s'Degrees. <br /> • The Possession of Methamphetamine Paraphernalia in Presence of Child statute(§152.137)has not <br /> changed and is still a crime. <br /> 5th Dearee Drug <br /> • It is no longer a crime to possess a`residual amount"of controlled substance in drug paraphernalia. <br /> o This does not apply to residual amounts in hypodermic needles though! <br /> • What is a Residual Amount? <br /> o If there is a"usable amount"of controlled substances in drug paraphernalia,consider referring to <br /> the CAO for 5th Degree charges. <br /> o Statements made by a Defendant regarding future use of the substance could support the argument <br /> that the amount is not a`residual amount". <br /> o No scraping. <br /> Fentanyl <br /> • Fentanyl penalties are now the same as for Heroin,with the exception of 5th Degree. <br /> Expansions of Traffic Stops&Vehicle Searches <br /> • Vehicle Searches based on Odor of Marijuana and/or Drug Paraphernalia: <br /> o Our stance is that the odor of Marijuana and observations of drug paraphernalia(other than <br /> marijuana paraphernalia)can still be relied upon in forming probable cause to search a vehicle <br /> under the Automobile Exception.However,it is going to be very important to include additional <br /> details to support that"under the totality of the circumstances,you believe there is a fair <br /> probability the vehicle contains contraband." <br /> o Marijuana paraphernalia on it's own is similar to observing a cork screw in a vehicle. <br /> o Open containers of marijuana—treat as you would treat finding open containers of alcohol. <br /> o Odor of Burnt Marijuana is the same as the odor of alcohol. Possible DUI investigation? <br /> o Note:People are more open about drug use,possessing drug paraphernalia,and marijuana now <br /> that it is legal,and often inadvertently disclose information that can be relied upon to expand the <br /> investigation. <br /> See next page <br />