Possession of Drug Paraphernalia Leppard Law: Florida DUI Lawyers & Criminal Defense Attorneys PLLC

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Possession of Drug Paraphernalia in Florida – Attorney’s Guide

Under Sec. 893.147, Florida Statutes, Possession of Drug Paraphernalia is committed in Florida when you possess an object with the intent to:

• Plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance; OR
• Inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.

As you can see, the definition of drug paraphernalia is very broad and can include equipment used to produce or process controlled substances; objects used to consume controlled substances such as pipes, bowls, and rolling papers; and even containers (such as plastic baggies) used to store controlled substance

Penalties for Possession of Drug Paraphernalia in Florida

OffensePenaltyPossession of Drug ParaphernaliaFirst-degree misdemeanor, up to 1 year of jail or probation, and a $1,000 fine

Possession of Drug Paraphernalia is a first-degree misdemeanor in Florida, punishable by up to 1 year of jail or probation, and a $1,000 fine.

How Can I Fight a Charge of Possession of Drug Paraphernalia in Florida?

Actual or Constructive Possession

To prove that you had possession of drug paraphernalia, the State must show either actual possession or constructive possession. Actual possession is when the paraphernalia is on your person (such as in your hand or in your pockets) or within your ready reach and control.

Constructive possession is when the paraphernalia is located somewhere you have control over and you are aware that the paraphernalia is within your presence. If the State fails to prove either type of possession, then you cannot be found guilty of Possession of Drug Paraphernalia.

Legal Disposal

Under the “legal disposal” defense, it is not a crime to possess contraband such as drug paraphernalia if you possess it only temporarily for the sole purpose of throwing it away, destroying it, or turning it over to police. More information here.

Other Potential Defenses

Here are just a few of the myriad other strategies we can use to challenge the State’s case or prove your innocence:

• Moving to throw out evidence that was obtained in violation of your constitutional rights
• Showing that there is no evidence supporting the charge

FAQs

1. What is considered drug paraphernalia in Florida?

Drug paraphernalia in Florida includes any equipment, product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance, or injecting, ingesting, inhaling, or otherwise introducing a controlled substance into the human body.

2. What are the penalties for possession of drug paraphernalia in Florida?

Possession of drug paraphernalia is a first-degree misdemeanor in Florida, punishable by up to one year in jail or probation, and a fine of up to $1,000.

How can I fight a charge of possession of drug paraphernalia in Florida?

You can fight a charge of possession of drug paraphernalia in Florida by challenging the evidence, proving that you were in possession of the paraphernalia for the purpose of legal disposal, or showing that there is no evidence supporting the charge.

3. What is the difference between actual and constructive possession?

Actual possession refers to having the paraphernalia on your person or within your ready reach and control. Constructive possession refers to the paraphernalia being located somewhere you have control over and you are aware that the paraphernalia is within your presence.

4. What is the legal disposal defense?

The legal disposal defense states that it is not a crime to possess contraband such as drug paraphernalia if you possess it only temporarily for the sole purpose of throwing it away, destroying it, or turning it over to the police.

Legal Representation and Support for Drug Paraphernalia Charges in Florida

If you’re arrested for the possession of Drug Paraphernalia or any offense involving drugs within the State of Florida an expert criminal defense lawyer can represent your case in court and safeguard your civil rights. Your lawyer will also figure out whether you were subjected to any unlawful searches or seizures that led to the arrest.

There may be specific circumstances that relate to your drug conviction that your lawyer can leverage to have the charges dropped or reduce the penalty when you are found guilty.

If it’s the first time you’ve been detained for the crime of drug possession You may be eligible to be a part of specific programs that let the court dismiss charges against you. A Leppard Law attorney can assist you in this.

CONTACT US NOW TO FIGHT YOUR CRIMINAL CASE

If you’ve been charged for a crime involving drugs within Orlando, Orange County, Seminole County, Brevard County, Lake County, Volusia County, and Osceola County and you require an experienced and competent criminal defense lawyer, call Leppard Law: Florida DUI Lawyers & Criminal Defense Attorneys PLLC at 407-584-9186.