POSSESSION OF DRUG PARAPHERNALIA

Possession or Use of Drug Paraphernalia in Florida is a first-degree misdemeanor.

Drug Paraphernalia is defined under Florida Statute 893.145 as:

“[a]ll 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, transporting, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance…”

Examples of what may be considered Drug Paraphernalia include but are not limited to:

• Syringes

• Needles

• Scales

• Baggies

• Rolling papers

• Pipes

• Vape pen

• Spoon

• Bongs

PENALTIES

Florida Statute 893.147 makes it unlawful for any person to use, or to possess with intent to use drug paraphernalia and any person who violates can be found guilty of a first-degree misdemeanor punishable by:

• 1 year in jail; or

• 1 year of probation; and

• $1000.00

If placed on a probation, a defendant will most likely be subject to random drug and alcohol screens at their expense.

DEFENSES

Different defenses are available depending on the facts of the case, however, not every case will have a defense. The defenses can be legal or factual in nature such as:

• Illegal search;

• Not being in actual possession;

• Did the Defendant have knowledge of the illicit nature of the item;

• Was there residue found on the item.

Drug Paraphernalia is a very common criminal charge in Lee County Often charged with other drug crimes but used to avoid a conviction of Possession of Marijuana, However, for an item to be considered drug paraphernalia it must at least contain some form of residue of an illicit drug otherwise the item may have a lawful use.

Charged with the Possession or Use of Drug Paraphernalia? Contact us today.