In light of all the new marijuana laws and increased popularization of marijuana paraphernalia around the nation, it is more important than ever to know the facts about possession of drug paraphernalia before you risk an arrest or conviction.
Florida Statute 893.145 defines drug paraphernalia as “all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, transporting, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter or § 877.111.”
That means if you possess an item that could be used or was “designed for use” in one or more of those actions, having no intention to actually use it will not save you from a possession of drug paraphernalia charge. This includes pipes, bowls, and bongs.
If you are convicted of possession of drug paraphernalia in Florida, which is a first degree misdemeanor, you may be facing a $1000 fine, one year of probation, and up to one year of jail time.
The laws surrounding possession of drug paraphernalia can be tricky. For instance, even if you are not physically holding an object considered to be drug paraphernalia, you can still be convicted of possession if you are in control of the area where it is located and should reasonably have knowledge of its existence, regardless of whether the object has been concealed. It is also possible for more than one person to be “in possession” of the same drug paraphernalia at a time.
At Aaron Delgado & Associates, our criminal defense lawyers understand how drug crime investigations and cases are put together. Our approach is aggressive and thorough, examining all aspects of your arrest, from whether reasonable suspicion existed to stop you to any violation of your Fourth Amendment constitutional rights. If you have been arrested for possession of drug paraphernalia, contact an experienced Daytona Beach criminal defense attorney today at 386.222.6677.