Possessing, selling, or manufacturing drug paraphernalia is considered unlawful in the state of Florida. Normally, a person is charged with drug paraphernalia in conjunction with other drug charges. A drug paraphernalia offense carries heavy penalties, which can be life altering.
Those who are charged with drug paraphernalia may face mounting fines and the possibility of incarceration. It can be difficult to navigate a drug paraphernalia charge without trusted legal representation. A skilled attorney will investigate your case and uncover any mistakes made by law enforcement. With a strategic attorney on your side, you may even be able to have your case dismissed.
Fort Pierce Attorneys for Drug Paraphernalia in Florida
Florida Statute § 893.147(1) states that it is a crime for any person possessing, using, or intending to use any drug paraphernalia. If you or someone you know has been accused of possessing or using drug paraphernalia, it is vital that you gain legal representation.
The attorneys at Meltzer & Bell represent those facing drug offenses in both the St. Lucie County Court and the Martin County Court. We understand that Florida’s legal system is intimidating. Our attorneys maintain open communication with all clients to help them navigate this process.
Additionally, the attorneys at Meltzer & Bell are well versed in Florida’s criminal courts. We have over 20 years of collective experience in criminal defense. Put your future in the right hands. Contact the attorneys at Meltzer & Bell today.
Meltzer & Bell represents those charged with drug paraphernalia in the 19th Judicial Circuit of Florida including Port St. Lucie, Stuart, Fort Pierce, and Ocean Breeze.
Have some peace of mind today. Contact us today at (772) 291-2534, or simply submit an online contact form for a free consultation.
Overview for Drug Paraphernalia in Florida
Definition of Drug Paraphernalia under Florida Law
According to Florida Statute § 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. In other words, it is any instrument used to make or use controlled substances.
Drug paraphernalia is not only reserved for pipes and scales. Household items can also be considered drug paraphernalia. For instance a plastic baggie can be considered drug paraphernalia if it stored controlled substances.
The following are different types of drug paraphernalia in Florida.
- Rolling papers;
- Cutting agents;
- Duct tape;
- Plastic baggies;
- Roach clips;
- Water pipes;
- Containers; or
Florida Penalties for Drug Paraphernalia in St. Lucie County
In Florida, it is illegal to use, possess, or deliver drug paraphernalia. Any person convicted for possessing or using drug paraphernalia will be guilty of a misdemeanor of the first degree. A first-degree misdemeanor is punishable by:
- Up to 12 months in jail; and
- Possible fine of up to $1,000 fine.
Additionally, it is unlawful for any person to deliver, possess with intent to deliver, or manufacture with the intent to deliver drug paraphernalia. A person charged with delivering or manufacturing drug paraphernalia will face a third-degree felony. In Florida, a third degree felony is punishable by:
- Up to five years in prison; and
- Possible fine of up to $5,000.
Evidence Used in Drug Paraphernalia Cases in Florida
The State must establish that the instrument was used for drug use for a conviction. Certain evidence collected by prosecutors or law enforcement can hinder your case. Hiring a skilled attorney can greatly increase your chances of reducing or dismissing your charges. An attorney can file motions and suppress any evidence that indicates the tools were used for using a controlled substance.
The following is some criteria the court follows to determine if an instrument was used as drug paraphernalia.
- Whether drug residue is found on or in the alleged drug paraphernalia;
- Advertising for the use of alleged drug paraphernalia;
- The way in which the alleged drug paraphernalia is displayed for sale;
- Expert testimony about the use of the alleged drug paraphernalia;
- Statements by the owner or other people in possession of the alleged drug paraphernalia concerning its use;
- 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.
- The location of the alleged drug paraphernalia compared to any controlled substance found;
- Instructions given for use of the item, either orally or written, concerning the manner in which the alleged drug paraphernalia should be used;
- Written material showing description or pictures which explain or depict the manner in which the alleged drug paraphernalia should be used; and
- Other common types of legitimate uses for the alleged drug paraphernalia.
Florida Drug Paraphernalia Laws – Visit the official website for Florida legislation surrounding drug offenses. Find more information regarding drug charges and other related offenses. Learn more about the elements of the charge, the penalties, and how the court determines a tool to be drug paraphernalia.
How to Identify Drug Paraphernalia – Visit the official website for Get Smart About Drugs, a non-profit organization that is a DEA resource for parents, educators, and caregivers. Learn more about how to identify drug paraphernalia, different types of paraphernalia and the drugs they are used for, and resources for parents.
Lawyer for Drug Paraphernalia in Florida
Have you been accused of possessing, using, or delivering drug paraphernalia in Florida? Did law enforcement charge you with drug paraphernalia in conjunction with possession charges? It is important that you stay ahead of the legal process. Gain trusted legal representation with Meltzer & Bell today.
Meltzer & Bell is a group of established attorneys who have a focus on criminal defense. We are current with Florida legislation surrounding drug offenses. The attorneys at Meltzer & Bell have 20 years of collected experience in Florida’s criminal court system. Find an attorney who is skilled in this field with Meltzer & Bell.
The attorneys at Meltzer & Bell defend those accused of possessing or using drug paraphernalia throughout St. Lucie County and Martin County including Jupiter Island, Fort Pierce, Port St. Lucie, and Jupiter Island.
Dial today at (772) 291-2534, or simply submit an online contact form for a free consultation for your case today.
This article was last updated on September 5, 2018.