Here is the law. Its lengthy and my comments will follow


35 P.S. § 780-113 (2008)

NOTICE: As to repeal of this section where it subjects to a fine assets against which a forfeiture petition has been filed and is pending or against which the Commonwealth has indicated an intention to file a forfeiture petition.

§ 780-113. Prohibited acts; penalties


    (a) The following acts and the causing thereof within the Commonwealth are hereby prohibited:

   (1) The manufacture, sale or delivery, holding, offering for sale, or
   possession of any controlled substance, other drug, device or cosmetic
   that is adulterated or misbranded.

   (2) The adulteration or misbranding of any controlled substance, other
   drug, device or cosmetic.

   (3) The dissemination or publication of any false or materially
   misleading advertisement.

   (4) The removal or disposal of a detained or embargoed substance or
   article, whether or not such substance or article is in fact
   adulterated or misbranded.

   (5) The adulteration, mutilation, destruction, obliteration or removal
   of the whole or any part of the labeling of, or the doing of any other
   act with respect to a controlled substance, other drug, device or
   cosmetic, if such act is done while such substance or article is held
   for sale and results in such substance or article being adulterated or
   misbranded.

   (6) Forging, counterfeiting, simulating or falsely representing, or
   without proper authority using any mark, stamp, tag, label or other
   identification symbol authorized or required by regulation promulgated
   under the provisions of this act.

   (7) Placing or causing to be placed upon any controlled substance,
   other drug, device or cosmetic, or upon the container of any controlled
   substance, other drug, device or cosmetic, with intent to defraud, the
   trademark, trade name or other identifying mark, imprint or symbol of
   another, or any likeness of any of the foregoing.

   (8) Selling, dispensing, disposing of or causing to be sold, dispensed
   or disposed of, or keeping in possession, control or custody, or
   concealing any controlled substance, other drug, device or cosmetic or
   any container of any drug, device or cosmetic with knowledge that the
   trademark, trade name or other identifying mark, imprint or symbol of
   another, or any likeness of any of the foregoing, has been placed
   thereon in a manner prohibited by clause (7) hereof.

   (9) Making, selling, disposing of or causing to be made, sold, or
   disposed of, or keeping in possession, control or custody, or
   concealing with intent to defraud, any punch, die, plate, stone or
   other thing designed to print, imprint or reproduce the trademark,
   trade name or other identifying mark, imprint or symbol of another or
   any likeness of any of the foregoing upon any controlled substance,
   other drug, device or cosmetic or container thereof.

   (10) The sale at retail of a nonproprietary drug except by a registered
   pharmacist in a licensed pharmacy or by a practitioner.

   (11) The operation of a drug manufacturing, distributing or retailing
   establishment, except by registered pharmacists in a licensed pharmacy,
   without conforming with such standards respecting sanitation,
   materials, equipment and supplies as the secretary, after consultation
   with the board, may establish by regulation for the protection of the
   public health and safety.

   (12) The acquisition or obtaining of possession of a controlled
   substance by misrepresentation, Fraud, Forgery, deception or
   subterfuge.

   (13) The sale, dispensing, distribution, prescription or gift by any
   practitioner otherwise authorized by law so to do of any controlled
   substance to any person known to such practitioner to be or whom such
   practitioner has reason to know is a drug dependent person, unless said
   drug is prescribed, administered, dispensed or given, for the cure or
   treatment of some malady other than drug dependency, except that the
   council, in accordance with Federal narcotic and food and drug laws,
   shall allocate the responsibility for approving and designating certain
   clinics, and shall provide or allocate the responsibility for providing
   regulations for such clinics at which controlled substances, including
   but not limited to methadone, may be prescribed, administered or
   dispensed for the treatment of drug dependency. This clause shall not
   prohibit any practitioner from prescribing, distributing or dispensing
   any controlled substance for a period of time not to exceed fourteen
   days pending confirmed admission of the patient to a hospital or
   rehabilitation center.

   (14) The administration, dispensing, delivery, gift or prescription of
   any controlled substance by any practitioner or professional assistant
   under the practitioner's direction and supervision unless done (i) in
   good faith in the course of his professional practice; (ii) within the
   scope of the patient relationship; (iii) in accordance with treatment
   principles accepted by a responsible segment of the medical profession.

   (15) The sale at retail or dispensing of any controlled substance
   listed in Schedules II, III and IV to any person, except to one
   authorized by law to sell, dispense, prescribe or possess such
   substances, unless upon the written or oral prescription of a person
   licensed by law to prescribe such drug and unless compounded or
   dispensed by a registered pharmacist or pharmacy intern under the
   immediate personal supervision of a registered pharmacist, or the
   refilling of a written or oral prescription order for a drug, unless
   such refilling is authorized by the prescriber either in the original
   written prescription order or by written confirmation of the original
   oral prescription order. The provisions of this subsection shall not
   apply to a practitioner licensed to prescribe or dispense such drugs,
   who keeps a record of the amount of such drugs purchased and a
   dispensing record showing the date, name, and quantity of the drug
   dispensed and the name and address of the patient, as required by this
   act.

   (16) Knowingly or intentionally possessing a controlled or counterfeit
   substance by a person not registered under this act, or a practitioner
   not registered or licensed by the appropriate State board, unless the
   substance was obtained directly from, or pursuant to, a valid
   prescription order or order of a practitioner, or except as otherwise
   authorized by this act.

   (17) The wilful dispensing of a controlled substance by a practitioner
   otherwise authorized by law so to do without affixing to the container
   in which the drug is sold or dispensed a label bearing the name and
   address of the practitioner, the date dispensed, the name of the
   patient and the directions for the use of the drug by the patient.

   (18) The selling by a pharmacy or distributor of any controlled
   substance or other drug unless the container bears a label, securely
   attached thereto, stating the specific name of the drug and the
   proportion or amount thereof unless otherwise specifically directed in
   writing by the practitioner.

   (19) The intentional purchase or knowing receipt in commerce by any
   person of any controlled substance, other drug or device from any
   person not authorized by law to sell, distribute, dispense or otherwise
   deal in such controlled substance, other drug or device.

   (20) The using by any person to his own advantage, or revealing other
   than to the secretary or officers or employes of the department or to
   the council or to the board or to courts or a hearing examiner when
   relevant to proceedings under this act any information acquired under
   authority of this act concerning any method or process which as a trade
   secret is entitled to protection. Such information obtained under the
   authority of this act shall not be admitted in evidence in any
   proceeding before any court of the Commonwealth except in proceedings
   under this act.

   (21) The refusal or failure to make, keep or furnish any record,
   notification, order form, statement, invoice or information required
   under this act.

   (22) The refusal of entry into any premises for any inspection
   authorized by this act.

   (23) The unauthorized removing, breaking, injuring, or defacing a seal
   placed upon embargoed substances or the removal or disposal of
   substances so placed under seal.

   (24) The failure by a manufacturer or distributor to register or obtain
   a license as required by this act.

   (25) The manufacture of a controlled substance by a registrant who
   knows or who has reason to know, the manufacturing is not authorized by
   his registration, or who knowingly distributes a controlled substance
   not authorized by his registration to another registrant or other
   authorized person.

   (26) The knowing distribution by a registrant of a controlled substance
   classified in Schedules I or II, except pursuant to an order form as
   required by this act.

   (27) The use in the course of the manufacture or distribution of a
   controlled substance of a registration number which is fictitious,
   revoked, suspended or issued to another person.

   (28) The furnishing of false or fraudulent material information in, or
   omission of any material information from any application, report, or
   other document required to be kept or filed under this act, or any
   record required to be kept by this act.

   (29) The intentional making, distributing, or possessing of any punch,
   die, plate, stone, or other thing designed to print, imprint, or
   reproduce the trademark, trade name, or other identifying mark,
   imprint, or symbol of another or any likeness of any of the foregoing
   upon any drug or container or labeling thereof so as to render the drug
   a counterfeit substance.

   (30) Except as authorized by this act, the manufacture, delivery, or
   possession with intent to manufacture or deliver, a controlled
   substance by a person not registered under this act, or a practitioner
   not registered or licensed by the appropriate State board, or knowingly
   creating, delivering or possessing with intent to deliver, a
   counterfeit controlled substance.

   (31) Notwithstanding other subsections of this section, (i) the
   possession of a small amount of marihuana only for personal use; (ii)
   the possession of a small amount of marihuana with the intent to
   distribute it but not to sell it; or (iii) the distribution of a small
   amount of marihuana but not for sale.

   For purposes of this subsection, thirty (30) grams of marihuana or
   eight (8) grams of hashish shall be considered a small amount of
   marihuana.

   (32) The use of, or possession with intent to use, drug paraphernalia
   for the purpose of planting, propagating, cultivating, growing,
   harvesting, manufacturing, compounding, converting, producing,
   processing, preparing, testing, analyzing, packing, repacking, storing,
   containing, concealing, injecting, ingesting, inhaling or otherwise
   introducing into the human body a controlled substance in violation of
   this act.

   (33) The delivery of, possession with intent to deliver, or manufacture
   with intent to deliver, drug paraphernalia, knowing, or under
   circumstances where one reasonably should know, that it would be used
   to plant, propagate, cultivate, grow, harvest, manufacture, compound,
   convert, produce, process, prepare, test, analyze, pack, repack, store,
   contain, conceal, inject, ingest, inhale or otherwise introduce into
   the human body a controlled substance in violation of this act.

   (34) The placing in any newspaper, magazine, handbill or other
   publication or by written or electronic means, including electronic
   mail, Internet, facsimile and similar transmission, any advertisement,
   knowing, or under circumstances where one reasonably should know, that
   the purpose of the advertisement, in whole or in part is to promote the
   sale of objects designed or intended for use as drug paraphernalia.

     (35) (i) Except as otherwise provided by law, manufacturing,
     processing, packaging, distributing, possessing with intent to
     distribute or selling a noncontrolled substance that has a stimulant
     or depressant effect on humans, other than a prescription drug,
     which, or the label or container of which, substantially resembles a
     specific controlled substance. In determining whether there has been
     a violation of this subclause, the following factors shall be
     considered:

       (A) Whether the noncontrolled substance in its overall finished
       dosage appearance is substantially similar in size, shape, color
       and markings or lack thereof to a specific controlled substance.

       (B) Whether the noncontrolled substance in its finished dosage form
       is packaged in a container which, or the labeling of which, bears
       markings or printed material substantially similar to that
       accompanying or containing a specific controlled substance.

     (ii) Except as otherwise provided by law, no person shall knowingly
     distribute or sell a noncontrolled substance upon the express or
     implied representation that the substance is a controlled substance.
     In determining whether there has been a violation of this subclause,
     the following factors shall be considered:

       (A) Whether the noncontrolled substance in its overall finished
       dosage appearance is substantially similar in size, shape, color
       and markings or lack thereof to a specific controlled substance.

       (B) Whether the noncontrolled substance in its finished dosage form
       is packaged in a container which, or the labeling of which, bears
       markings or printed material substantially similar to that
       accompanying or containing a specific controlled substance.

       (C) Whether the noncontrolled substance is packaged in a manner
       ordinarily used for the illegal delivery of a controlled substance.

       (D) Whether the consideration tendered in exchange for the
       noncontrolled substance substantially exceeds the reasonable value
       of the substance, considering the actual chemical composition of
       the substance and, where applicable, the price at which
       over-the-counter substances of like chemical composition sell.

       (E) Whether the consideration tendered in exchange for the
       noncontrolled substance approximates or exceeds the price at which
       the substance would sell upon illegal delivery were it actually the
       specific controlled substance it physically resembles.

     (iii) Except as otherwise provided by law, no person shall knowingly
     distribute or sell a noncontrolled substance upon the express
     representation that the recipient, in turn, will be able to
     distribute or sell the substance as a controlled substance.

     (iv) In any criminal prosecution brought under this clause, it shall
     not be a defense that the defendant believed the noncontrolled
     substance actually to be a controlled substance.

     (v) The provisions of this clause shall not be applicable to:

       (A) Law enforcement officers acting in the course and legitimate
       scope of their employment.

       (B) Persons who manufacture, process, package, distribute or sell
       noncontrolled substances to licensed medical practitioners for use
       as placebos in the course of professional practice or research or
       for use in FDA approved investigational new drug trials.

       (C) Licensed medical practitioners, pharmacists and other persons
       authorized to dispense or administer controlled substances and
       acting in the legitimate performance of their professional license
       pursuant to subclause (v)(B).

       (D) A noncontrolled substance that was initially introduced into
       commerce prior to the initial introduction into commerce of the
       controlled substance which it is alleged to imitate.

   (36) The knowing or intentional manufacture, distribution, possession
   with intent to distribute, or possession of a designer drug. Nothing
   in this section shall be construed to apply to a person who
   manufactures or distributes a substance in conformance with the
   provisions of an approved new drug application or an Exemption for
   investigational use within the meaning of section 505 of the Federal
   Food, Drug and Cosmetic Act (21 U.S.C. § 355). For purposes of this
   section, no new drug shall be introduced or delivered for introduction
   except upon approval of an application pursuant to section 505 of the
   Federal Food, Drug and Cosmetic Act.

   (37) The possession by any person, other than a registrant, of more
   than thirty doses labeled as a dispensed prescription or more than
   three trade packages of any anabolic steroids listed in section
   4(3)(vii).

   (38) The unlawful manufacture of methamphetamine or phencyclidine or
   their salts, isomers and salts of isomers, whenever the existence of
   such salts, isomers or salts of isomers is possible within the specific
   chemical designation:

     (i) in a structure where any child under 18 years of age is present;
     or

     (ii) where the manufacturing of methamphetamine or phencyclidine
     causes any child under 18 years of age to suffer bodily injury.

   (b) Any person who violates any of the provisions of clauses (1) through (11), (13) and (15) through (20) or (37) of subsection (a) shall be guilty of a Misdemeanor, and except for clauses (4), (6), (7), (8), (9) and (19) shall, on conviction thereof, be sentenced to imprisonment not exceeding one year or to pay a fine not exceeding five thousand dollars ($ 5,000), or both, and for clauses (4), (6), (7), (8), (9) and (19) shall, on conviction thereof, be sentenced to imprisonment not exceeding three years or to pay a fine not exceeding five thousand dollars ($ 5,000), or both; but, if the violation is committed after a prior conviction of such person for a violation of this act under this section has become final, such person shall be sentenced to imprisonment not exceeding three years or to pay a fine not exceeding twenty-five thousand dollars ($ 25,000), or both.

   (c) Any person who violates the provisions of clauses (21), (22) and (24) of subsection (a) shall be guilty of a misdemeanor, and shall, on conviction thereof, be punished only as follows:

   (1) Upon conviction of the first such offense, he shall be sentenced to
   imprisonment not exceeding six months, or to pay a fine not exceeding
   ten thousand dollars ($ 10,000), or both.

   (2) Upon conviction of the second and subsequent offense, he shall be
   sentenced to imprisonment not exceeding two years, or to pay a fine not
   exceeding twenty-five thousand dollars ($ 25,000), or both.

   (d) Any person who knowingly or intentionally violates clause (23) of subsection (a) is guilty of a misdemeanor and upon conviction thereof shall be sentenced to imprisonment not exceeding three years, or to pay a fine not exceeding fifteen thousand dollars ($ 15,000), or both.

   (e) Any person who violates clauses (25) through (29) of subsection (a) is guilty of a misdemeanor and upon conviction shall be sentenced to imprisonment not exceeding three years, or to pay a fine not exceeding twenty-five thousand dollars ($ 25,000), or both.

   (f) Any person who violates clause (12), (14) or (30) of subsection (a) with respect to:

   (1) A controlled substance or counterfeit substance classified in
   Schedule I or II which is a narcotic drug, is guilty of a felony and
   upon conviction thereof shall be sentenced to imprisonment not
   exceeding fifteen years, or to pay a fine not exceeding two hundred
   fifty thousand dollars ($ 250,000), or both or such larger amount as is
   sufficient to exhaust the assets utilized in and the profits obtained
   from the illegal activity.

   (1.1) Phencyclidine; methamphetamine, including its salts, isomers and
   salts of isomers; coca leaves and any salt, compound, derivative or
   preparation of coca leaves; any salt, compound, derivative or
   preparation of the preceding which is chemically equivalent or
   identical with any of these substances, except decocanized coca leaves
   or extract of coca leaves, which extracts do not contain cocaine or
   ecgonine; and marihuana in a quantity in excess of one thousand
   (1,000) pounds, is guilty of a felony and upon conviction thereof shall
   be sentenced to imprisonment not exceeding ten years, or to pay a fine
   not exceeding one hundred thousand dollars ($ 100,000), or both, or
   such larger amount as is sufficient to exhaust the assets utilized in
   and the profits obtained from the illegal manufacture or distribution
   of these substances.

   (2) Any other controlled substance or counterfeit substance classified
   in Schedule I, II, or III, is guilty of a felony and upon conviction
   thereof shall be sentenced to imprisonment not exceeding five years, or
   to pay a fine not exceeding fifteen thousand dollars ($ 15,000), or
   both.

   (3) A controlled substance or counterfeit substance classified in
   Schedule IV, is guilty of a felony and upon conviction thereof shall be
   sentenced to imprisonment not exceeding three years, or to pay a fine
   not exceeding ten thousand dollars ($ 10,000), or both.

   (4) A controlled substance or counterfeit substance classified in
   Schedule V, is guilty of a misdemeanor and upon conviction thereof
   shall be sentenced to imprisonment not exceeding one year, or to pay a
   fine not exceeding five thousand dollars ($ 5,000), or both.

   (g) Any person who violates clause (31) of subsection (a) is guilty of a misdemeanor and upon conviction thereof shall be sentenced to imprisonment not exceeding thirty days, or to pay a fine not exceeding five hundred dollars ($ 500), or both.

   (h) Any penalty imposed for violation of this act shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.

   (i) Any person who violates clauses (32), (33) and (34) of subsection (a) is guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine not exceeding two thousand five hundred dollars ($ 2,500) or to imprisonment not exceeding one (1) year, or both. Any person who violates clause (33) by delivering drug paraphernalia to a person under eighteen (18) years of age who is three (3) or more years his junior shall be guilty of a misdemeanor of the second degree and upon conviction thereof shall be sentenced to pay a fine not exceeding five thousand dollars ($ 5,000) or to imprisonment not exceeding two (2) years, or both.

   (j) Any person who violates any provisions of subclause (i) or (ii) or (iii) of clause (35) of subsection (a) is guilty of a felony, and upon conviction thereof shall be sentenced to imprisonment not exceeding five years, or to pay a fine not exceeding ten thousand dollars ($ 10,000), or both.

   (k) Any person convicted of manufacture of amphetamine, its salts, optical isomers and salts of its optical isomers; methamphetamine, its salts, isomers and salts of isomers; or phenylacetone and phenyl-2-proponone shall be sentenced to at least two years of total confinement without Probation, parole or work release, notwithstanding any other provision of this act or other statute to the contrary.

   (l) Any person who violates clause (36) is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding fifteen years or to pay a fine not exceeding two hundred fifty thousand dollars ($ 250,000), or both.

   (m) Repealed. 1993, June 28, P.L. 137, No. 33, § 7, effective in 60 days.

   (n) Any person who violates subsection (a)(12), (14), (16), (30) or (34) with respect to gamma hydroxybutyric acid, any salt, compound derivative or preparation of gamma hydroxybutyric acid, including any isomers, esters and ethers and salts of isomers, or esters and ethers of gamma hydroxybutyric acid, except gamma-butyrolactone (GBL), whenever the existence of such isomers, esters, ethers or salts is possible within the specific chemical designation, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not exceeding two hundred fifty thousand dollars ($ 250,000), or both, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity.

   (o) Any person who violates subsection (a)(12), (14) or (30) with respect to 3,4-methylenedioxyamphetamine (MDA); 3, 4-methylenedioxymethamphetamine (MDMA); 5-methoxy-3, 4-methylenedioxyamphetamine (MMDA); 3,4-methylenedioxy-N-ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine; or their salts, isomers and salts of isomers, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding fifteen years or to pay a fine not exceeding two hundred fifty thousand dollars ($ 250,000), or both, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity.

   (p) (1) Any person who violates subsection (a)(38)(i) is guilty of a
   felony of the third degree and upon conviction thereof shall be
   sentenced to not more than seven years in prison and a fine of not more
   than twenty-five thousand dollars ($ 25,000), or such larger amount as
   is sufficient to exhaust the assets utilized in and the profits
   obtained from the illegal activity.

   (2) Any person who violates subsection (a)(38)(ii) is guilty of a
   felony of the second degree and upon conviction thereof shall be
   sentenced to not more than ten years in prison and a fine of not more
   than fifty thousand dollars ($ 50,000), or such larger amount as is
   sufficient to exhaust the assets utilized in and the profits obtained
   from the illegal activity.



From this


   (g) Any person who violates clause (31) of subsection (a) is guilty of a misdemeanor and upon conviction thereof shall be sentenced to imprisonment not exceeding thirty days, or to pay a fine not exceeding five hundred dollars ($ 500), or both.


Now, for the paraphernalia charge

Here is the law from above

(32) The use of, or possession with intent to use, drug paraphernalia
   for the purpose of planting, propagating, cultivating, growing,
   harvesting, manufacturing, compounding, converting, producing,
   processing, preparing, testing, analyzing, packing, repacking, storing,
   containing, concealing, injecting, ingesting, inhaling or otherwise
   introducing into the human body a controlled substance in violation of
   this act.



   (i) Any person who violates clauses (32), (33) and (34) of subsection (a) is guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine not exceeding two thousand five hundred dollars ($ 2,500) or to imprisonment not exceeding one (1) year, or both.

So the paraphernalia charge is the more serious. I think that a baggie as paraphernalia is silly

here is the law

   "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 act. It includes, but is not limited to:

   (1) Kits used, intended for use or designed for use in planting,
   propagating, cultivating, growing or harvesting of any species of plant
   which is a controlled substance or from which a controlled substance
   can be derived.

   (2) Kits used, intended for use or designed for use in manufacturing,
   compounding, converting, producing, processing or preparing controlled
   substances.

   (3) Isomerization devices used, intended for use or designed for use in
   increasing the potency of any species of plant which is a controlled
   substance.

   (4) Testing equipment used, intended for use or designed for use in
   identifying or in analyzing the strength, effectiveness or purity of
   controlled substances.

   (5) Scales and balances used, intended for use or designed for use in
   weighing or measuring controlled substances.

   (6) Diluents and adulterants, such as quinine hydrochloride, mannitol,
   mannite, dextrose and lactose, used, intended for use or designed for
   use in cutting controlled substances.

   (7) Separation gins and sifters used, intended for use or designed for
   use in removing twigs and seeds from or in otherwise cleaning or
   refining marihuana.

   (8) Blenders, bowls, containers, spoons and mixing devices used,
   intended for use or designed for use in compounding controlled
   substances.

   (9) Capsules, balloons, envelopes and other containers used, intended
   for use or designed for use in packaging small quantities of controlled
   substances.

   (10) Containers and other objects used, intended for use or designed
   for use in storing or concealing controlled substances.

   (11) Hypodermic syringes, needles and other objects used, intended for
   use, or designed for use in parenterally injected controlled substances
   into the human body.

   (12) Objects used, intended for use or designed for use in ingesting,
   inhaling or otherwise introducing marihuana, cocaine, hashish or
   hashish oil into the human body, such as:

     (i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
     with or without screens, permanent screens, hashish heads or
     punctured metal bowls.

     (ii) Water pipes.

     (iii) Carburetion tubes and devices.

     (iv) Smoking and carburetion masks.

     (v) Roach clips; meaning objects used to hold burning material such
     as a marihuana cigarette, that has become too small or too short to
     be held in the hand.

     (vi) Miniature cocaine spoons and cocaine vials.

     (vii) Chamber pipes.

     (viii) Carburetor pipes.

     (ix) Electric pipes.

     (x) Air-driven pipes.

     (xi) Chillums.

     (xii) Bongs.

     (xiii) Ice pipes or chillers.

   In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, statements by an owner or by anyone in control of the object concerning its use, prior convictions, if any, of an owner, or of anyone in control of the object, under any State or Federal law relating to any controlled substance, the proximity of the object, in time and space, to a direct violation of this act, the proximity of the object to controlled substances, the existence of any residue of controlled substances on the object, direct or Circumstantial Evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he knows, or should reasonably know, intend to use the object to facilitate a violation of this act, the innocence of an owner or of anyone in control of the object, as to a direct violation of this act should not prevent a finding that the object is intended for use or designed for use as drug paraphernalia, instructions, oral or written, provided with the object concerning its use, descriptive materials accompanying the object which explain or depict its use, national and local advertising concerning its use, the manner in which the object is displayed for sale, whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products, direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise, the existence and scope of legitimate uses for the object in the community, and expert Testimony concerning its use.



So, it look like
   (9) Capsules, balloons, envelopes and other containers used, intended
   for use or designed for use in packaging small quantities of controlled
   substances.

Could apply, but again I think that silly for a sandwich bag



I recommend you contact an attorney...it looks like the paraphenalia charge is the more serious and perhaps you can get a deal where you divert the conviction to avoid the record and perform community service

best of luck


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Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green accept button, its the only way I get paid.