Drug Paraphernalia Lawyer in Greensboro, NC
Call (336) 379-0539 to talk with Jason Aycoth before you go to court on a paraphernalia charge. Either one is a drug conviction on your record. It counts as a prior drug offense later, and it can use up the one-time first offender option you may need for a future charge.
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A drug paraphernalia charge in North Carolina is a misdemeanor, but which misdemeanor depends on the drug. Marijuana paraphernalia is a Class 3 misdemeanor under G.S. 90-113.22A. Paraphernalia for any other drug is a Class 1 misdemeanor under G.S. 90-113.22.
- What Counts as Drug Paraphernalia
- Marijuana Pipe or Something Else? Two Different Charges
- What You Are Facing
- The First Offender Route
- Told the Officer About a Needle? That Can Matter
- Test Strips Are Not Paraphernalia
- How We Defend Paraphernalia Charges
- What a Paraphernalia Lawyer Costs
- How to Choose a Paraphernalia Lawyer in Greensboro
- Where Your Case Will Be Heard
- Your attorney
- What clients say
- Where we practice
- Questions people ask
What Counts as Drug Paraphernalia
G.S. 90-113.22(a) makes it a crime to knowingly use, or possess with intent to use, drug paraphernalia to grow, make, prepare, test, package, store, contain or conceal a controlled substance, or to inject, ingest, inhale or otherwise put one into the body.
In practice that covers pipes, bongs, syringes, rolling papers used with drugs, scales, baggies and grinders. The key word is intent to use. An object is not paraphernalia on its own; the State has to connect it to drug use.
Marijuana Pipe or Something Else? Two Different Charges
| Item Connected To | Charge | Statute |
|---|---|---|
| Marijuana | Class 3 misdemeanor | G.S. 90-113.22A(b) |
| Any other controlled substance (cocaine, heroin, meth, pills) | Class 1 misdemeanor | G.S. 90-113.22(b) |
G.S. 90-113.22A(b) also makes the marijuana charge a lesser included offense of the general paraphernalia charge. If you were charged under G.S. 90-113.22 for an item that was really used for marijuana, your lawyer can argue for the lower charge.
What You Are Facing
Class 1 (non-marijuana paraphernalia). Up to 45 days at prior record Level I. At that level the grid in G.S. 15A-1340.23 authorizes community punishment only, which the court must suspend. Staying in that band is argued by your lawyer, not handed to you, and prior convictions raise the range.
Class 3 (marijuana paraphernalia). Up to 10 days, but with three or fewer prior convictions G.S. 15A-1340.23(d) says the judgment is a fine only, capped at $200. The conviction on your record is the part that lasts, and that is what a lawyer is for.
Beyond the sentence, a paraphernalia conviction can show up on background checks for jobs, apartments and school programs.
The First Offender Route
G.S. 90-96(a) specifically includes misdemeanor possession of drug paraphernalia under G.S. 90-113.22 and 90-113.22A. If you qualify, the court can defer the case and place you on probation without a conviction, then dismiss it when the terms are met.
This is not automatic. You have to consent, you generally cannot have a prior felony or drug conviction, the court can decline with a written finding and the DA’s agreement, and you can only use it once in your life.
That last point is why we often look at the whole picture before using it on a paraphernalia charge. In some cases a dismissal on the evidence is possible instead, which saves G.S. 90-96 for a time you might need it more.
Told the Officer About a Needle? That Can Matter
Under G.S. 90-113.22(c), before a search an officer may ask whether you have a needle or other sharp object. If you told the officer about it before the search, you cannot be charged with paraphernalia for that needle or sharp object, or for residue in it.
The protection does not cover other paraphernalia found in the same search. If you were charged anyway after telling the officer, the body camera footage becomes very important. Call us quickly so it can be requested before it is lost.
Test Strips Are Not Paraphernalia
G.S. 90-113.22(d) and G.S. 90-113.22A(c) say it is not unlawful to use or possess testing equipment for checking the strength, effectiveness or purity of a substance. Fentanyl test strips fall under this exception.
How We Defend Paraphernalia Charges
- Was the search lawful? Many paraphernalia charges come from car searches during traffic stops.
- Whose was it? Items in a shared car or room require proof that you possessed them.
- Was it drug paraphernalia at all? Scales, papers and baggies have lawful uses. Intent to use with drugs has to be shown.
- Is it the right statute? Marijuana items belong under the Class 3 statute.
- Does the needle exemption apply?
- Is conditional discharge the right move, or should it be saved?
What a Paraphernalia Lawyer Costs
Paraphernalia charges are usually handled for a flat fee in District Court. The fee depends on whether there are related charges, such as possession, and whether a motion to suppress is needed. You get the number in writing at your consultation.
How to Choose a Paraphernalia Lawyer in Greensboro
North Carolina’s ethics rules bar any firm from calling itself the best. Ask any lawyer you consider:
- Is my charge under G.S. 90-113.22 or 90-113.22A, and should it be?
- Should I use conditional discharge now, or is there a better path?
- Will you request the body camera video?
- Who will be in court with me?
Where Your Case Will Be Heard
Paraphernalia charges in Guilford County are District Court cases at the Guilford County Courthouse, 201 South Eugene St, Greensboro, NC 27401. Clerk: (336) 412-7300. You can look up your court date on the NC eCourts portal, which Guilford County has used since 29 April 2024.
Related: marijuana charges, cocaine possession, Greensboro drug lawyer, expungements, and criminal defense.
Your attorney
Jason Aycoth
Criminal Defense, Felony Charges, State and Federal Court
Jason handles criminal cases in state and federal court across North Carolina. He has served as Editor of the True Bill and was Commencement Speaker at Elon Law School's graduation.
- Former President, Greensboro Criminal Defense Lawyers Association
- Elected member, Criminal Justice Section, North Carolina Bar Association
- Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina
Chad D. GarrettFounderJason AycothPartner
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Where we practice
Our office is at 317 South Greene St in Greensboro, the Guilford County seat.
Guilford County: Greensboro · High Point · Jamestown · Gibsonville · Summerfield · Oak Ridge · Pleasant Garden · Stokesdale · Whitsett · McLeansville · Sedalia
Also serving: Randolph, Forsyth, Alamance, Rockingham and Davidson Counties
Questions people ask
Is possession of drug paraphernalia a misdemeanor in NC?
Yes. It is a Class 1 misdemeanor under G.S. 90-113.22 for most drugs, and a Class 3 misdemeanor under G.S. 90-113.22A when the item is for marijuana.
Is a weed pipe charged the same as a crack pipe?
No. A marijuana pipe is a Class 3 misdemeanor under G.S. 90-113.22A. A pipe used for cocaine or another controlled substance is a Class 1 misdemeanor under G.S. 90-113.22.
Can a paraphernalia charge be dismissed?
It can be dismissed on the evidence, or deferred and then dismissed through conditional discharge under G.S. 90-96 if you qualify and the court agrees. Your lawyer decides with you which route makes sense.
Does a paraphernalia conviction count as a drug conviction?
Yes. G.S. 90-96 treats convictions under G.S. 90-113.22 and 90-113.22A as previous convictions when deciding eligibility for a later first offender dismissal.
What if I told the officer about a needle before the search?
Under G.S. 90-113.22(c), you cannot be charged with paraphernalia for that needle or sharp object, or residue in it, if you told the officer before the search.
Are fentanyl test strips illegal in North Carolina?
No. G.S. 90-113.22(d) and 90-113.22A(c) exclude testing equipment used to check the strength or purity of a substance.
What is the sentence for Class 1 paraphernalia?
At prior record Level I, up to 45 days, and the grid in G.S. 15A-1340.23 authorizes community punishment only. Prior convictions raise the range. Where you land is argued by your lawyer.
What is the penalty for marijuana paraphernalia?
It is a Class 3 misdemeanor. With three or fewer prior convictions the judgment is a fine only, capped at $200 under G.S. 15A-1340.23. The conviction itself still goes on your record.
Can I get a paraphernalia charge expunged?
Depending on the outcome and your age, there are routes, including G.S. 15A-145.2 after a G.S. 90-96 dismissal if you were not over 21. Call and we will check what applies to you.
Talk to a lawyer today
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539 · answered live, 24 hours
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This page explains North Carolina law in general terms as of October 2026. It is not legal advice about your case, and laws and procedures change. Talk to a lawyer about the facts of your case.