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

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Quoting flyingron

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

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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.

It's also possible that the officer didn't issue a misdmeanor ticket because he wasn't sure whether the tourniquet would support the charge, and that no ticket will actually be issued.

How do thay no or how can thay prove what you are using it for if their were no other drugs or drug abuse instruments found no residue I can see if any of these other things were found but it was just the tourniquet by its self no needles or spoons or drugs in ohio if you have a glass pipe often used 2 smoke marijuana it is not considered drug paraphernalia till you use it 2 smoke marijuana and it has that residue in it with out the residue for all thay no or can prove you could of planed 2 smoke tobacco out of it I guess I just do not understand the law or how 2 read between the lines that's why I came hear foe help from lawyers or people who know more than me and I want 2 thank everyone who has responded and is trying 2 help me thank you foe giving up your time too try and help me understand this please keep the info comeing

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I like that idea lol im hoping no ticket will come but he sounded like he was sure it would be comeing in the mail but if he was so sure why not just wright it up then and their I wish I new more about this thank god for sites like this and people like you thank you everyone you don't even no me and you take the time out of your day 2 try and help me understand this

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Quoting Mr. Knowitall

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It's also possible that the officer didn't issue a misdmeanor ticket because he wasn't sure whether the tourniquet would support the charge, and that no ticket will actually be issued.

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Do you no how long thay have 2 issue this ticket? CAN IT JUST POP UP 6MONTHS FROM NOW SO I JUST HAVE 2 SIT HEAR AND WAIT AND STRESS THIS NOT KNOWING IF I WILL OR WILL NO BE CHARGED?

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Quoting Mr. Knowitall

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It's also possible that the officer didn't issue a misdmeanor ticket because he wasn't sure whether the tourniquet would support the charge, and that no ticket will actually be issued.

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I like that idea lol im hoping no ticket will come but he sounded like he was sure it would be comeing in the mail but if he was so sure why not just wright it up then and their I wish I new more about this thank god for sites like this and people like you thank you everyone you don't even no me and you take the time out of your day 2 try and help me understand this

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Quoting Mr. Knowitall

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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.

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How do thay no or how can thay prove what you are using it for if their were no other drugs or drug abuse instruments found no residue I can see if any of these other things were found but it was just the tourniquet by its self no needles or spoons or drugs in ohio if you have a glass pipe often used 2 smoke marijuana it is not considered drug paraphernalia till you use it 2 smoke marijuana and it has that residue in it with out the residue for all thay no or can prove you could of planed 2 smoke tobacco out of it I guess I just do not understand the law or how 2 read between the lines that's why I came hear foe help from lawyers or people who know more than me and I want 2 thank everyone who has responded and is trying 2 help me thank you foe giving up your time too try and help me understand this please keep the info comeing

I would fight this ticket if it does come in the mail,you could have had many justifiable reasons for the tourniquet.

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Quoting tc498

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I would fight this ticket if it does come in the mail,you could have had many justifiable reasons for the tourniquet.

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I pane on fighting it that's why I want 2 learn as much as I can and get as meny people as I can 2 talk 2 on hear as I can I want 2 know what im talking about when that time comes thank you for your support