In Florida, a person is guilty of the crime of Possession of Drug Paraphernalia when they possess any item that is used, intended to be used, or designed to be used as “Drug Paraphernalia.” Possession of Drug Paraphernalia in Florida has many possible defenses, which must be reviewed and analyzed by a skilled Florida Criminal Defense Lawyer or Jacksonville Criminal Defense Lawyer.
Pursuant to Florida Statute 893.145, Drug Paraphernalia is defined as any item used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, conceal, inject, ingest, inhale, or otherwise introduce an illegal or controlled substance.
Common examples of Drug Paraphernalia include:
- Metal, wooden, glass, stone, plastic or ceramic pipes;
- Water pipes, “roach clips”, and vials;
- Bowls, blenders, spoons, containers, and mixing devices intended for use, or designed for use in compounding controlled substances;
- Rolling papers, cutting devices, balloons, and baggies;
- Hypodermic needles, syringes, and other objects used for injecting controlled substances into the human body; and
- Scales and balances used, intended for use, or designed for use in weighting or measuring controlled substances.
Penalties for Possession of Drug Paraphernalia
Possession of Drug Paraphernalia is a First Degree Misdemeanor, punishable by a maximum penalty of up to one (1) year in county jail, one (1) year of probation, and a $1,000.00 fine.
Many times, a defendant sentenced to probation will usually be ordered to submit to random drug testing and may possibly be ordered to enroll in a drug evaluation and treatment program.
Defenses to Possession of Drug Paraphernalia
In addition to pretrial and trial motions, common defenses to Possession of Drug Paraphernalia include:
- Constructive Possession;
- Lack of Knowledge;
- Fourth Amendment Violation;
- Invalid Search Warrant;
- Invalid Consent to Search.
This list of several common defenses to Possession of Paraphernalia is not exhaustive. Each case must be analyzed based on its own specific facts and circumstances.
Contact Possession of Drug Paraphernalia Lawyer Michael Rainka
If you have been arrested, issued a Notice to Appear, or charged with Possession of Paraphernalia in Jacksonville or Northeast Florida, contact Rainka Law now. The initial consultation is always free.