You stated that he went to jail for possession of drug paraphernalia, not drugs. Most, like my son did, go to rehab to avoid more jail time. And resume their old habits once they are 'clean' from rehab. Someone has to 'want' to be free from an addiction without playing games. It's his choice, sorry to say, not yours.
Discuss this with him first and let him know that you love him and only want to help. Talking to his lawyer and asking for his advice might be a good way to proceed. Forcing someone into rehab may backfire as you will lose his trust. He must want to get sober to get sober. Go to alanon meetings and get help for yourself you will need it.
I'd suggest contacting the DA that's prosecuting his case and ask him for guidance.