Performing any activity with a controlled substance you are not authorized to use can lead to a drug charge. As a result, these offenses are not only limited to possession, trafficking, or manufacturing, as many may think. In fact, being in control of certain illegal equipment or products can lead to a charge for possession of drug paraphernalia in Florida.
Drug crimes encompass various charges. Depending on the circumstances of the offense, each charge can lead to specific consequences. Since many people may not be aware of it, in this article you will find crucial information about drug paraphernalia charges in Florida, including:
- Definition of Drug Paraphernalia
- Examples of Drug Paraphernalia
- Penalties for Drug Paraphernalia in Florida
- Potential Defenses for Drug Paraphernalia Charges
When it comes to drug offenses in Florida, multiple factors may affect your charges. Contact an Orlando drug paraphernalia lawyer to get more specific information about your case. At Z. Hernandez Law, our drug crime attorney represent clients facing charges in Orange, Lake, Brevard, Seminole, and Osceola Counties.
What Is Possession of Drug Paraphernalia in Florida?
As its name suggests, possession of drug paraphernalia in Florida refers to owning or being in control of instruments that can be used to perform unlawful activities with a controlled substance. Some of these illegal activities include, but are not limited to:
Florida Statute 893.145
In a broad definition, Florida Statute § 893.145 describes drug paraphernalia as all products, materials, and equipment used or designed for use in the production, manufacturing, and consumption of a controlled substance.
- Growing, planting, or cultivating plants that are controlled substances.
- Analyzing and testing a controlled substance’s purity, effectiveness, and strength.
- Packing, transporting, storing, cleaning, containing, and concealing controlled substances.
- Injecting, inhaling, or introducing substances into the human body.
- Increasing the potency of a drug.
Examples of Drug Paraphernalia
Being in control of material or equipment that enables you to perform any of the unlawful activities listed above can result in a criminal charge. Some examples of drug paraphernalia in Florida may include:
- Scales
- Bongs
- Pipes
- Chillums
- Syringes
- Sifters
- Diluents and adulterants
- Balances
- Testing equipment
- Roach clips
- Miniature spoons
- Isomeratizon devices
- Capsules, envelopes, and containers
A charge for drug paraphernalia in Florida can end in incarceration and expensive fines. If you or a loved one was arrested for an offense involving drug paraphernalia, hiring an Orlando lawyer as soon as possible can improve your chances of a positive outcome.
Penalties for Drug Paraphernalia in Florida
In addition to possession, drug paraphernalia offenses in Florida can also imply manufacturing, delivering, selling, or advertising. Depending on their severity, the charges for drug paraphernalia offenses can go from a first-degree misdemeanor to a felony of the second degree.
The table below contains the penalties associated with common drug paraphernalia charges in Florida:
| Crime | Type of Charge | Maximum Fine | Maximum Imprisonment |
|---|---|---|---|
| Use of possession of drug paraphernalia | 1st-degree misdemeanor | $1,000 | 1 year |
| Advertising drug paraphernalia | 1st-degree misdemeanor | $1,000 | 1 year |
| Selling drug paraphernalia | 1st-degree misdemeanor | $1,000 | 1 year |
| Manufacture or delivery of drug paraphernalia | 3rd-degree felony | $5,000 | 5 years |
| Transportation of drug paraphernalia | 3rd-degree felony | $5,000 | 5 years |
| Delivery of drug paraphernalia to a minor | 2nd-degree felony | $10,000 | 15 years |
To convict a person for possession of drug paraphernalia in Florida, it must be proved beyond a reasonable doubt that the alleged accused knew of the existence and proximity of the equipment, exercised control over it, and meant to use it to produce, consume, or conceal illicit drugs.
As an attorney could further explain, numerous factors must be taken into account when determining if an object fits the description of drug paraphernalia in Orlando. For instance, in Townsend v. State of Florida, law enforcement found a white rock and a small plastic container with white residue in the defendant’s pocket. Although a lab test showed the white rock was cocaine, the container was not tested. The court found that the proximity of the untested container to the cocaine was enough to convict the defendant of possession of drug paraphernalia.
How to Get a Possession of Drug Paraphernalia Charge Dropped?
If you are unfamiliar with Florida drug paraphernalia laws, your rights, and the criminal justice system, you may do or say something that can be detrimental to your case. A skilled drug crime lawyer can provide you with a strong defense, get your charges dropped, or may be able to negotiate with the prosecution to reduce your charges.
When enlisting the help of Z. Hernandez Law, Orlando-based attorney Zarina Hernandez will assess your drug paraphernalia case to find the most suitable course of action. Some common defenses for drug paraphernalia in Florida include, but are not limited to:
- The evidence collected was the result of an illegal search and seizure.
- You had a lawful purpose or were authorized to use the paraphernalia.
- There is not enough evidence to prove that the defendant was in actual or constructive possession of the drug paraphernalia.
- The alleged items do not meet the description of drug paraphernalia.
- You did not know about the possession of paraphernalia.
Contact an Orlando Drug Paraphernalia Attorney
Being charged with possession of drug paraphernalia in Florida should not be taken lightly. An Orlando drug paraphernalia lawyer may be able to find a solid strategy to fight your charges. You owe it to yourself to find competent legal representation.
Z. Hernandez Law is a criminal defense firm that serves clients facing criminal charges in Orlando, Orange City, Maitland, Ocala, Kissimmee, Orange City, Ocoee, and surrounding cities. Call us to schedule your consultation.
