What Are the Charges for Drug Paraphernalia?

If you use drugs, be careful. Even having drug paraphernalia on you in Florida can result in serious criminal charges.

Drug paraphernalia is defined as any equipment, product, or material that is used for planting, cultivating, processing, storing, or consuming illegal drugs. Paraphernalia may include the following:

• Pipes
• Bongs
• Rolling papers
• Syringes
• Scales
• Grinders
• Plastic baggies or containers for drug storage

Having any of these items in your possession can result in felony charges. If you have been accused of a drug crime, seek legal help right away.

What the Law Says

Florida Statutes, Chapter 893, Section 893.147 outlines the penalties for drug paraphernalia use, possession, manufacture, and delivery. The law states that it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia. This is considered a first-degree misdemeanor, which is punishable by up to one year in jail, up to $1,000 in fines, and one year of probation.

The law also states that it is unlawful for any person to deliver or possess with intent to deliver drug paraphernalia. A violation of this law is considered a third-degree felony. This is punishable by five years in prison, a $5,000 fine, and five years of probation.

Giving paraphernalia to a minor is also a crime. Any person 18 years of age or over who delivers drug paraphernalia to a person under 18 years of age is guilty of a second-degree felony. This is punishable by 15 years in prison, 15 years of probation, and a fine of up to $10,000.

Defenses

Defending against drug paraphernalia charges often depends on the specific facts of the case. Here are some common defenses:

• Lack of intent. The prosecution must often prove that the defendant intended to use the paraphernalia for illegal purposes. If intent cannot be established, the charges may not hold.
• Item is not paraphernalia. Many items categorized as “paraphernalia” have legitimate uses. Demonstrating that the item was intended for legal purposes can be a strong defense. For example, a pipe might be used for smoking legal herbs, not drugs.
• Illegal search and seizure. If law enforcement obtained the evidence through an unconstitutional search or seizure, it may be suppressed under the Fourth Amendment.
• No knowledge of the item. You may argue that you were unaware of the presence of the paraphernalia or its illegal use. For example, perhaps a friend left the item in your home or vehicle without your knowledge.
• Lack of evidence. If the prosecution cannot produce sufficient evidence linking you to the item or proving its intended use, the charges may be dismissed.

Contact Us Today 

The law does not apply to solely drugs. Any paraphernalia connected to drugs can also result in hefty fines and jail time.

A Fort Myers drug paraphernalia attorney from Hollander & Hanukkah can help you understand these offenses, know where you stand, and help you deal effectively with the charges against you. Schedule a consultation today by calling (239) 332-3300 (Fort Myers) or (239) 530-1800 (Naples).

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.147.html