Under Florida law the possession of drug paraphernalia is considered a drug possession offense. The laws define drug paraphernalia but in many cases, the conviction is based on the actual use to which the equipment wa
s put and the ability of the prosecution to prove this.
According to Florida law it is illegal for a person to possess drug paraphernalia with the intent to use it. This includes to plant, propagate, cultivate, harvest, process, manufacture, compound, convert, prepare, analyze, test, pack, repack, conceal, store, or stock a controlled substance.
In order to prove possession of drug paraphernalia it is first necessary to determine what can be labeled as an illegal item according to Ft. Lauderdale Drug Crime Attorney William Moore. For this purpose Florida courts rely on the statements of the person in control of the objects or the owner about their purpose. The court also considers the proximity of the object in time and place to a controlled substance. Any residue of the controlled substance on the object is also taken into consideration by the court in identifying drug paraphernalia.
The court can also use evidence such as written instructions, description of use, and advertising material about the objects to determine if they are drug paraphernalia. Another factor that the court will consider is the legitimate use that the objects can be put to in the community or circumstances, before deciding if they are drug paraphernalia. The court will also rely on expert testimony before coming to its conclusions.
List of Objects Considered Drug Paraphernalia in Florida
Drug Possession Defense is complicated according to Attorneys in Fort Lauderdale & Broward County. Florida law a conviction for possession of drug paraphernalia can be obtained over the possession of kits for the planting and growing of marijuana, processing or manufacturing controlled substances, isomerization devices, testing devices, adulterants, diluents, separation units, blenders, syringes, balloons, capsules, metal, wooden, plastic or ceramic pipes, carburetion tubes and masks, chillums, bongs, and charger. It all comes down to the use of the item in relation to controlled substances claims the Criminal Defense Lawyers at William Moore Criminal Defense.
In Florida possession of drug paraphernalia can lead to a conviction for a first degree misdemeanor. This can be punished by imprisonment for up to a year or a fine of $1,000.