Possession of drug paraphernalia is one of the most inconsequential criminal charges you can get. People will laugh if, when you arrive in jail, people ask what you are in for, and you say paraphernalia. Drug paraphernalia charges apply if police find items in your possession that indicate that you consumed or planned to consume drugs, such as pipes or bongs. Until recently, even fentanyl test strips counted as drug paraphernalia in Oklahoma. What if you possess items that the law associates not simply with the consumption of illicit drugs but with their manufacture? In that case, you can get charges for attempted manufacture of a controlled substance, even if the drug itself is not present at the scene of the search. 

With charges related to attempted crimes, known as inchoate offenses in legal terms, as with charges for possession of items related to illegal drug use, context is everything. To be acquitted, you do not have to prove that you did not possess the items. You must only show that your possession of the items is not sufficient evidence to prove that you were attempting to manufacture drugs; in other words, you should show that nothing else indicates that you were trying to manufacture drugs, or that there is another plausible reason for you to possess the items. If you are being accused of possession of drug precursors or other substances or utensils used in the manufacture of illegal drugs, contact a Tulsa drug charge lawyer.

Most Drug Precursor Substances are Harmless by Themselves

You can get charged with attempted drug manufacture if police find drug precursors in your possession. Drug precursors are chemical substances that are ingredients in illegal drugs. A famous example is that the active ingredients in some over-the-counter cold medicines are precursors for methamphetamine. Therefore, police can charge you with attempted manufacture of meth if they find more cold medicine in your house or car than one household could need. Other items, such as glassware and scouring pads, can also be evidence of attempted manufacture.

Of course, all these items are legal to purchase, and they all have legal uses. Likewise, GBL is a precursor to GHB, a club drug notorious for its use as a substance to spike people’s drinks. GBL is also used to make nail polish and cleaning products, but it is unlikely for someone to keep GLB in their house.

Possible Defenses to Charges of Attempt to Manufacture Drugs

You might be able to challenge your attempted drug manufacture charges on Fourth Amendment grounds by showing that the police did not have the right to search your house; either they did not have a valid warrant, or the judge issued one unjustly. You might also argue that you bought scouring pads for cleaning, and you bought them in bulk because the price is better that way, or that you bought the GLB because you manufacture nail polish at home for resale.

Contact Tracy Tiernan About Criminal Defense Cases

A criminal defense lawyer can help you if you are facing criminal charges for attempted drug manufacture.  Contact Tracy Tiernan in Tulsa, Oklahoma, to discuss your case.