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Are Rolling Papers Legal?

Wiz Khalifa put out an album in 2011 titled, Rolling Papers, referring to his use of marijuana.  The album went platinum and helped propel him into one of the top selling rap artists.  Rolling papers themselves are not illegal, unless they are used as a means to use illegal drugs.  In Kentucky, you can be charged with violation of KRS 218A.500 for possession of drug paraphernalia. KRS 218A.500 defines drug paraphernalia as: "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.Many factors may be considered when evaluating whether an item is paraphernalia or not.  Those are defined in KRS 218A.510. The basic test for rolling papers is, "was there drugs found together with the papers."  Since rolling papers are considered legal to sell, so long as they are not found together with drugs, there is seldom a prosecution for their possession.  Rolling papers are needed to smoke and roll legal tobacco for homemade cigarettes. Possession of drug paraphernalia and possession of marijuana are criminal matters and may involve jail time.  Conversely, they are also relatively minor and  a defendant may be able to achieve dismissal and expungement if handled correctly.  If you have been charged, you should consult with an attorney prior to court.  In Cincinnati and Northern Kentucky, contact defense attorney Michael W. Bouldin at [email protected] or call 859-581-6453 for a consultation.  

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