Q: When a drug charge is dropped but they keep the paraphenlia charge which was the bags it was in is this legal
A: You might be happy that the drug change is dropped. If there was no basis for the cop to suspect drugs were in the bag, then by all means defend the case on that basis. What makes paraphernalia illegal is its association with illegal drugs. Do keep in mind that some paraphernalia may not have come into contact with drugs… yet. An example is plastic bags which are available for use in packaging drugs for sale. Whether that is true in your case only you would know. Such information should only be disclosed confidentially to your lawyer. So you ask whether bags are always illegal. To this the obvious answer is no. Related issues involve the legality of the stop and/or search. It is also significant as to how the bag is pinned on you. These issues go beyond the scope of your question, but should be addressed by your lawyer.
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