Is possession of paraphernalia a felony in Florida? Simply put, yes. Florida is a state that is strict regarding drug laws. The possession of drug paraphernalia is closely monitored in Florida, and some statutes outlaw many drug-related activities in this state.
What is drug paraphernalia, and what can be considered such? Florida laws are particular regarding this topic. The statute, in fact, outlines and clearly defines what the illegal items are.
Things to Know About the Possession of Drug Paraphernalia in Florida
There are a few things to note about the Florida statute regarding drug paraphernalia possession. Here are 5 significant items in the law.
1. What is drug paraphernalia?
The term “drug paraphernalia” is very broad. In a nutshell, anything that a person can use to propagate, plant, produce, manufacture, harvest, package, ingest, inhale, contain, store, or use any controlled substance into the body can be considered drug paraphernalia.
Some typical examples include syringes, containers, clips, pipes, and many more. Basically, anything that is drug-related can be considered drug paraphernalia under Florida law.
2. The possession of drug paraphernalia is illegal in Florida
Use of any drug paraphernalia, or possession with intent to use, is illegal in Florida. This also includes the use and introduction of any illegal or controlled substance into the body.
There are cases when something that is legal, like tobacco, was used by the person being charged with drug use and possession. In these cases, a drug test on the person can prove innocence. Make sure you consult with a knowledgeable drug lawyer if there is any dispute on this end, or for other common defenses to prove innocence.
3. Manufacture, selling, and advertisement of drug paraphernalia is also illegal
Aside from the use and possession of drug paraphernalia, the manufacture, selling and advertisement of these items are also illegal. The distribution of these items to minors is also a chargeable offense according to Florida law.
4. You don’t have to have the drug paraphernalia on you to be charged
The drug paraphernalia does not have to be on the actual person for him to be charged. If law enforcement finds drug paraphernalia on properties that you have control over, like your car or home, then you can also be charged with the possession of drug paraphernalia. A common defense that many drug lawyers use for these cases includes disputing knowledge of the drug paraphernalia.
5. You can be jailed if convicted of possession
The common penalty is a misdemeanor of the first degree. The worst cases can result in jail time. Drug lawyers often reduce these to probation and drug treatment, however.
Have You Been Charged with Possession of Drug Paraphernalia? Contact a Drug Lawyer in Florida ASAP.
If you are in need of a drug lawyer in Florida, make sure you contact us at the Law Offices of Michael A. Gottlieb, P.A. We are experienced in handling these types of cases, and we will make sure that you get the best defense possible. Call us today for a free consultation at (954) 462-1005.