G.L. c. 94C § 32I
- A person is guilty of selling drug paraphernalia or possessing drug paraphernalia with the intent to sell it if the Commonwealth can prove three elements, beyond a reasonable doubt:
- (1) That the item(s) in question are drug paraphernalia;
- (2) That the defendant sold that item or knowingly possessed that item with the intent to sell it; and
- (3) That when the defendant sold that item, he or she knew it to be drug paraphernalia, or that he or she possessed that item with the intent to sell it, or he or she knew or reasonably should have know that it would be used to introduce the controlled substance into the human body in violation of the law
- Practice Notes
- “Drug Paraphernalia” includes:
- All equipment, products, devices, and materials of any kind which are primarily intended, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, contain, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the law
- “Drug Paraphernalia” includes: