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Possession of Drug Paraphernalia

When people consider crimes related to drugs they might only consider offenses where an individual is caught using or in possession of an unlawful controlled substance. In reality, there are laws that target items that are related to drugs, otherwise known as drug paraphernalia. Possessing drug paraphernalia in the state of Florida is a punishable offense. Florida’s definition of drug paraphernalia is very broad and includes everyday household items, which can cause an individual to unknowingly possess drug paraphernalia.

Drug paraphernalia is often advertised with bright colors, cartoon characters, and celebrities. An individual who believes they are purchasing a decorative or novelty item might, in fact, be purchasing drug paraphernalia. Additionally, smoking pipes that are often sold in tobacco stores could be considered drug paraphernalia under Florida’s laws, if used with an unlawful controlled substance.

Gainesville Possession of Drug Paraphernalia Lawyer

If you have been charged with a possession of drug paraphernalia offense contact the Galigani Law Firm. Experienced criminal defense attorney Dean Galigani represents individuals throughout the areas of Florida, including the cities of Lake City and Ocala. He also provides much-needed counsel during Florida student disciplinary hearings. Contact the Galigani Law Firm at (352) 375-0812 for a consultation about your alleged possession of drug paraphernalia today.


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.


Galigani Law Firm | Florida Drug Crime Defense Attorney

Contact the Galigani Law Firm at (352) 375-0812 or send an online message today for a consultation about your alleged possession of drug paraphernalia offense. Gainesville drug crime defense lawyer Dean Galigani will use his knowledge of Florida’s drug laws to put together the best defense possible regarding your alleged possession of drug paraphernalia charge throughout the counties in Florida including Columbia County and Gilchrist County.