Can I press charges against my son for having drug paraphernalia?

Do not call he police, that will mean legal fees, a criminal record, and you will have him resent you bitterly for life. Bring him to a good criminal lawyer to tell him the consequences of getting arrested or using drugs. That is the best way to teach him about consequences. He should also know how to handle an arrest situation and why he should ask for a lawyer, remain silent, and call his parents. This will prevent a confession that will hurt his case. He may be using fake pot or "bath salts" and a lawyer can tell him how dangerous it is. No one can keep their children from destructive and foolish behavior like DWI, statutory rape, drinking, smoking cigarettes, and dealing in narcotics, they can just educate them, punish them, withhold privileges, and hope they eventually get he message.

I would just kick him out of the house and let him live on his own and pay his own bills if he does not stop smoking the stuff.

Yes, you can. But remember that, depending on the amount and type of drugs, he could be charged with a felony and, if he is convicted, could spend many years in prison.

If you call the police they will come and if your son is doing something illegal they will initiate criminal proceedings. Once these proceedings are initiated, they are often difficult to stop, and it will be out of your hands. You need to be sure of the decision.

He is 18, tell him to find another place to live or stop drugs, otherwise you are going to the police.

Kick him out. You have no duty to provide for him after he turns 18. If he cannot follow the rules, take away everything that he uses that is yours (car, cell phone, etc.) and tell him to find another place to live. Tell him that they only way you will allow him to move back in is that he take and pass drug tests administered when you see fit.

Since your son is 18, you no longer have to provide him with a place to live. If he will not obey your rules, you could remove him from your home. You could also invite the police into your home to investigate his activities. Once a police report is complete, it would be up to the prosecuting attorney to determine if any charges would be authorized.

Tough situation. But you have yourself and your other children to consider. My suggestion is to tell him that he go to an in-patient treatment program (that you will assist him with this), or move out of your house and live somewhere else. Barring that ,tell him that you are going to call the police and turn him in. Be specific. Give him a date certain, like Friday. This is what is called "tough love" and you have to stick to your guns even though it will hurt you dearly to do it. But for you, there are no other choices. If it is not marijuana he is smoking it could be methamphetamine, a very dangerous and highly addictive drug, one which you do not want in your home, or one who is using it. I hate advising someone to involve the police because a conviction can have long-lasting consequences, jail and those sorts of things aside. But it is better to save a family from grief and despair under the throes of a drug addict who cares for nothing except his next high. He is making his own choices. You simply have to draw a line in the sand. Whatever you say you are going to do, do it! A drug addict is very dishonest and manipulative. Rest assured, you are being manipulated. YOU have to set the terms and stick to them, even if it means temporarily losing your son. In the long run, you may be saving his life and countless years of misery for yourself and your family.

You absolutely can. You should take a trip to the sheriff's office or local PD and make a statement. They may have you draw out a warrant against him.