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Drug Paraphernalia Charges in Florida

If you have been arrested for possession of drug paraphernalia under Florida Statute Section 893.147, then contact an attorney at the Sammis Law Firm. We focus on defending individuals charged with drug crimes. At the Sammis Law Firm, we represent clients charged with possession of narcotic paraphernalia charges in Hillsborough County, and throughout the Tampa Bay Area, including Pinellas County, Pasco County, and Polk County.

The charge of possession of drug paraphernalia under Florida Statute Section 893.147 often accompanies other related charges such as possession of marijuana, possession of a controlled substance, possession with intent to sell, 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, detention 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.


Definition of "Drug Paraphernalia" under Florida Law

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, the term "drug paraphernalia" is defined as 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.


Different Types of Drug Paraphernalia

Depending on the circumstances of its possession, drug paraphernalia charges might include any one of the following:

  • bongs;
  • pipes;
  • roach clips;
  • rolling papers;
  • water pipes;
  • scales;
  • blenders;
  • bowls;
  • spoons;
  • containers;
  • cutting agents;
  • balloons;
  • envelopes;
  • baggies;
  • needles;
  • duct tape; and
  • syringes.

Circumstances Supporting Florida Drug Paraphernalia Charges

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.

Finding an Attorney to Fight Drug Paraphernalia Charges

If you have been arrested for possession of drug paraphernalia, contact an experienced attorney in Tampa, Hillsborough County, FL. We represent clients on a wide variety of drug crimes including possession. sale and delivery, or trafficking. From felony to misdemeanor charges, our attorneys have the experience to help you fight the case with the goal of achieving the best possible outcome.

We know that your time is valuable so please give us a call for a free confidential consultation.

Call us today at 813-250-0500 to discuss your criminal charges.

Last updated by on Monday, June 20, 2016.