Possession of Drug Paraphernalia Tampa Drug Paraphernalia Attorney

If you have been arrested for possession of drug paraphernalia under Florida Statute Section 893.147, contact a Tampa Drug Attorney to discuss your case.  At the Sammis Law Firm, we represent clients charged with possession of drug paraphernalia charges in Hillsborough County, and throughout the Tampa Bay Area, including Pinellas County, Pasco County, Polk County, Sarasota County and Manatee County. In many cases, this charge for possession of drug paraphernalia is only one of the charges filed. Other related charges include possession of marijuana / cannabis or possession of a controlled substance, possession with intent to sale, or possession of a controlled substance.

In many possession of drug paraphernalia cases a motion to suppress the evidence can be filed if the circumstances surrounding your stop, search or arrest were in violation of the Fourth Amendment of the United States. In other cases, a motion to dismiss the charge can be filed if the prosecutor does not have sufficient evidence to prove that you were in either actual or constructive possession.

Other defenses exist to fight this charge, including a showing that the alleged contraband does not qualify as "drug paraphernalia. Under Florida Statute Section 893.145, "drug paraphernalia" is defined any kind of materials, products or equipment which is used to cultivate, plant, grow, manufacture, store, conceal, transport, ingest, inhale, or put into the body any controlled substance. Possession of Drug Paraphernalia is a first degree misdemeanor, which is punishable by 12 months in the county jail and a $1,000 fine. Under Florida law, it is unlawful for anyone to use or possess with the intent to use any type of drug paraphernalia.

Depending on the circumstances of its possession, drug paraphernalia can include bongs, pipes, roach clips, rolling papers, water pipes, scales, blenders, bowls, spoons, containers, cutting agents, baloons, envelopes, baggies, needles, duct tape and syringes. For the prosecution, it is often difficult to establish that the item possessed was possessed with the intent to assist with drug use. Under Florida law, certain evidence can be considered in deciding whether a certain object is drug paraphernalia, including:

1. Expert testimony about the use of the alleged drug paraphernalia to use drugs;
2. Other common types of legitimates uses for the alleged drug paraphernalia;
3. Statements by the owner or other people in possession of the alleged drug paraphernalia concerning its use;
4. How close the alleged drug paraphernalia is located, and the time it is located after a violation of the law;
5. Circumstantial or direct evidence of the intention of the owner, or another person who possessed the alleged drug paraphernalia, to bring the item to a person who he knows will use the item in violation of the law;
6. The location of the alleged drug paraphernalia compared to any controlled substance found;
7. Whether drug residue is found on or in the alleged drug paraphernalia;
8. Instructions given for use of the item, either orally or written, concerning the manner in which the alleged drug paraphernalia should be used;
9. Written material showing description or pictures which explain or depict the manner in which the alleged drug paraphernalia should be used;
10. Advertising for the use of the alleged drug paraphernalia; and
11. The way in which the alleged drug paraphernalia is displayed for sale.

If you have been arrested for possession of drug paraphernalia, contact an experienced Tampa Drug Attorney to represent you for charges in Hillsborough County, Pinellas County, Polk County, Pasco County, Sarasota County, Manatee County or any of the surrounding areas throughout the Tampa Bay Area.