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Possesion Paraphernalia

Darren D. Shull, P.A. > Possesion Paraphernalia

Possession of Drug Paraphernalia

Definition of Drug Paraphernalia in Florida

Under Fla. Stat. § 893.145, drug paraphernalia is defined as all equipment, products and materials associated with the use, intended use or designed for the use in planting, growing, production, testing, packaging, transporting, injecting, ingesting, inhaling or otherwise introducing into the human body, an illegal controlled substance. These items can include but are not limited to:

 

 

  • Kits used or intended to be used in the growing or manufacturing of controlled substances,
  • Water pipes and bongs,
  • Scales and balances,
  • Roach clips,
  • Needles and syringes,
  • Baggies

 

Certain factors can be taken into consideration when a court is determining whether an object is drug paraphernalia under Fla. Stat. § 893.146. These factors may include:

 

 

  • Statements made by an individual in control of the object concerning its use,
  • The proximity of the object to controlled substances,
  • The existence of any residue of a controlled substance on the object,
  • Instructions provided with the object,
  • Advertising or the manner in which it is displayed for sale,
  • Whether the owner is a supplier or distributor of related objects and/or
  • Expert testimony concerning its use.

Definition of Possession of Drug Paraphernalia in Florida

It is illegal for an individual to be in possession of drug paraphernalia used to produce, plant, grow, store, pack, test, conceal, inject, ingest or inhale any unlawful controlled substance under Fla. Stat. § 893.147.

Definition of Possession Under Florida Law

In the state of Florida, possession is an essential element needed to prove the possession of drug paraphernalia offense actually occurred. Florida’s definition of possession contains two components, constructive and actual.

Constructive possession means that an individual was aware that the drug paraphernalia was in their presence, they had the intent to possess the drug paraphernalia, and they had the ability to take control of the drug paraphernalia.

Actual possession means that an individual had physical possession of the drug paraphernalia. If an individual was holding the drug paraphernalia in their hand, on their body, in their clothing or it was within their reach, they can be charged with possession of drug paraphernalia.

Penalties for Possession of Drug Paraphernalia in Florida

An individual charged with possession of drug paraphernalia can be convicted of a misdemeanor of the first degree. A misdemeanor of the first degree is punishable by up to one year in jail and/or a fine up to $1,000 according to Fla. Stat. § 775.082 and 775.083

Jupiter Drug Charge LawyerJupiter criminal defense lawyer Darren D. Shull can help defend against charges of Possession of Drug Paraphernalia in all degrees from simple misdemeanor possession to felony, state and federal charges.

The Law Offices of Darren D. Shull, P.A. provides aggressive and experienced representation in all marijuana possession cases. Attorney Darren Shull has the legal experience necessary to defend you if your charged with a Possession of Drug Paraphernalia and file all available motions to protect your God-given constitutional rights. Call 561-972-6444 or fill out our quick contact form now if you are being investigated or charged with marijuana possession. Our law office serves the Treasure Coast, Jupiter, Palm Beach Gardens, Juno Beach, North Palm Beach, West Palm Beach, and all of Palm Beach County.

Call our Jupiter Office today (561) 972-6444