Can You Be Convicted of Possession of Drug Paraphernalia for Possessing a Tourniquet

My question involves criminal law for the state of: I was pulled over for a improper lane change. I then was taken from my car and pated down where the officer found a tourniquet in the pocket of my pants this is all I had I had no drugs or any other paraphernalia of any kind. I was not charged at the scene but was told I would receive a ticket in the mail I was let go with no tickets or charges I was given a warning for the improper lane change so the only charge or ticket I was told I would receive was a drug paraphernalia ticket for the brand new tourniquet which had never been used for anything. CAN they do this with nothing else being found I would think by its self it is just a piece of rubber but I am no expert and need some help and advice please and thank you for your help and time.

What did you say to the office about why you had rubber hosing in your pocket, and what you use it for? How obvious are your track marks?

I said nothing on the record I did not make a official statement weight or sign anything. I told him it was my dads car and I told the officer that it was being used to tie up a bunch of lose wires hanging under the steering wheel but had come lose and was in the way and hard for me 2 drive so I pulled it off and throw it in my hoodie pocket so I could give it back and have him fix it or do what he wanted with it when I got home. and as for my track marks I had no new or fresh track marks I have a scare but you can tell it is old and has not been used in well over 6months I also told him I could pass a drug test if he gave me 1 right then and their. Not that this matters as I appreciate any help and info and you do not have 2 tell me im just wondering are you a lawyer? thank you for responding and trying to help

What STATE is this? In some states a tourniquet isn't covered by the paraphernalia laws. In some states there are legitimate arguments that can be made for possessing such even if it would otherwise be considered paraphernalia.

I used to always have a couple of tourniquets in my pocket or in the console of my car, but I worked in the ER and drew blood samples and started IVs dozens of time during my shift.

This was in Cleveland ohio

Ohio law here: http://codes.ohio.gov/orc/2925.14

I don't see how this fits into any of the categories of paraphernalia. Unlike other states which pretty much claim anything used to administer drugs as paraphernalia, Ohio is quite specific. Further, even if it did fall into one of those categories paragraph (B) pretty much gives you your outs as to why you might be legitimately possessing it (having a non-drug reason, not being in proximity of any drugs to use it, absence of any drug residue...)

That's what I thought I read the ohio revised code and im no lawyer but it sounded like if you didn't have spoon needle or any other drug paraphernalia or drugs that just a tourniquet was not enough 2 charge someone their is no residue on a tourniquet and with nothing else being found it just seems like a big rubberband 2 me but like I said im not a lawyer and knowledge is power so I no it cant hurt to ask around and see what other people who probley no more than I do on the subject have to say thank you very much for your time and help everyone please keep the knowledge comeing

Quote:

---

Quoting flyingron

---

I don't see how this fits into any of the categories of paraphernalia.

---

I suspect that the argument would be that it's an "instrument for parenterally injecting a controlled substance into the human body", even though that definition would normally apply to the needle and syringe.

A tourniquet doesn't inject anything. It makes finding the vein easier but in fact, you really need to REMOVE it after the needle in inserted and before you actually inject anything. The literal statute would not seem to cover tourniquets.

Remember, cities have ordinances which can be more expansive than state law.