Is it illegal to have cigarette rolling papers?

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Is it illegal to have cigarette rolling papers?

My brother was arrested for having cigarette rolling papers but no drugs on him or in his car.He is being charged with drug equipment.Has he done anything illegal?

Asked on March 18, 2012 under Criminal Law, Florida

Answers:

David Galison / The Law Office of David Galison

Answered 9 years ago | Contributor

If you are in New York I think that the case is very defendable. Rolling papers can be used with tobacco in addition to other legal substances. Contact a criminal defense attorney such as myself or a local practicioner. There are many issues that need to be addressed including whether the search of the area where the papers was found is lawfull.

John T. Nejedly / Law Offices of John T. Nejedly

Answered 9 years ago | Contributor

I agree with Kevin, the papers can be considered paraphenelia if found with weed or you admitted to using them for pot. But, by themselves, witholut a confession, rolling papers are manufactured and sold for use with tabacco, a legal substance, if you are older than 18 in California.

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

In many states, cigarette rolling paper can be considered "drug paraphanelia" which if found to be in possession of can be considered a criminal offense. Charges such as these where there are no actual "drugs" found can often times be dismissed with an experienced criminal defense attorney. 


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