Things Which Are Considered As Drugs

(The content below was transcribed from an interview done with Acacia Law. We think you'll find it much easier
and more enjoyable to read this way.)

Interviewer: Well, I have another question. I don't mean to beat the paraphernalia issue to death, but I've seen- there's a lot of things called, like, stash safes or cans; they'll have a, like, a soda that's modified so there's a false bottom and you can put weed in there; or they'll have stuff that's a little screw on a keychain. You could put weed in there. Would those also be considered paraphernalia, even though it just holds weed?

Acacia Law: As long as there's a trace of the substance in there, yes, absolutely. And let's take smoke shops for example. Obviously, in the smoke shops, they have dozens if not hundreds, of different, various containers. OK? Now, when you purchase those at a smoke stop- crystal clean,- not been used before-, that's not illegal. OK? That's not against the law. It only becomes against the law and turns into paraphernalia if it has a trace of the substance on it.

So if you take that half a can with the false bottom; or if you take a keychain with a little screw on cap,- if you take one of those one-hitter baseball bats and you've never used it, that's not illegal. And you'll see most smoke shops where- they have on almost every counter- a taped sign that says, "For Tobacco Use Only". That's why they're able to sell it. But as soon as you put one hit in one of those things or-a little sprinkle- or it's been dusted with whatever the substance is, it's now turned into an illegal piece of drug paraphernalia.

Interviewer: So even the gigantic bong that's obvious that it could be used for marijuana, if it's clean, it's not paraphernalia?

Acacia Law: Exactly. Or if it's been used with just tobacco or spice,-which is a legal product,- if it's used for that, then it does not become paraphernalia- because it's not. It does not have traces of a controlled substance- like a narcotic; or marijuana; or any of the dangerous drugs in it. As long as it is not- it doesn't fall within the categories of the illegal or controlled substances,-tobacco would be fine- it would become paraphernalia at that point.

Interviewer: Yeah, like, hookahs, they have flavored tobacco in them but they're not, it's not illegal, so.

Acacia Law: Exactly. And the thing is that most police officers,-first of all,- obviously, they're familiar with the differences between marijuana and spice and any of the other types of legal substances. There is a clear difference in terms of the traces that they leave; but they oftentimes have- right in their patrol cars,- what are called test kits- that can give you pretty much an instant reading with a quick swipe- which will detect if it's an illegal substance; or if it has illegal metabolites in it.