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07-20-2007, 06:37 PM #17Senior Member
Can anyone explain this?
Just looked up the Connecticut law:
REVISED TO DECEMBER 31, 2001
§ 8.9 USE OF OR POSSESSION WITH INTENT TO USE DRUG PARAPHERNALIA § 21a-267 (a)
[Make the appropriate deletions based on the charge against the defendant in the information:]
The defendant is charged with [using] [possessing with intent to use] drug paraphernalia in violation of General Statutes § 21a-267 (a), which, insofar as it pertains to this case, provides as follows:
''No person shall [insert as appropriate: (use) (possess with intent to use)] drug paraphernalia . . . to [insert as appropriate: (plant) (propagate) (cultivate) (grow) (harvest) (manufacture) (compound) (convert) (produce) (process) (prepare) (test) (analyze) (pack) (repack) (store) (contain) (conceal) any controlled substance] [insert as appropriate: (inject) (ingest) (inhale) (introduce) into the human body any controlled substance.'']
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt: (1) the defendant [used] [possessed with intent to use]; (2) drug paraphernalia; (3) for the purpose of [insert as appropriate: (planting) (propagating) (cultivating) (growing) (harvesting) (manufacturing) (compounding) (converting) (producing) (processing) (preparing) (testing) (analyzing) (packing) (repacking) (storing) (containing) (concealing) any controlled substance] [insert as appropriate: (injecting) (ingesting) (inhaling) (introducing) into the human body any controlled substance.]1
A. If charged with possession with intent to use:
The first element the state must prove beyond a reasonable doubt is that the defendant possessed with intent to use drug paraphernalia.
JURCRM0809
Now it's up to your friend whether he wants to pay out for a lawyer to fight the charge based on him smoking tobacco out of the pipe. Looks like you folks should have a bag of tobacco in the glove box at all times.
Have a good one!:jointsmile:
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