Possession of Drug Paraphernalia

drugs

If an individual is in possession of certain items related to drug use in Florida, they can be charged with a punishable drug offense. These items are considered drug paraphernalia and can cover a broad variety of objects, from typical household items to novelty objects found in specialty stores.

JACKSONVILLE POSSESSION OF DRUG PARAPHERNALIA LAWYER

If you have been charged with a possession of drug paraphernalia offense, contact Roelke Law. Bill Roelke is an experienced criminal defense attorney and represents individuals throughout Jacksonville, Florida and the surrounding cities of Saint Augustine, Fernandina Beach and Orange Park. Contact Roelke Law at (904) 354-0333 for a consultation about your alleged possession of drug paraphernalia charge today.


Definition of Drug Paraphernalia in Florida

Under Fla. Stat. § 893.145, drug paraphernalia is defined as materials or equipment intended for use or designed for the use in:

  • Planting
  • Growing
  • Production
  • Testing
  • Packaging
  • Transporting
  • Injecting
  • Ingesting
  • Inhaling or
  • Introducing into the body an illegal controlled substance.

Many items that can be considered drug paraphernalia include:

  • Water pipes and bongs,
  • A 2-liter soda bottle
  • Scales and balances,
  • Roach clips,
  • Needles and syringes,
  • Duct tape,
  • A hose or tube and
  • Kits used or intended to be used in the growing or manufacturing of controlled substances.


Determination of Drug Paraphernalia in Jacksonville

Under Fla. Stat. § 893.146, when an individual is charged with possession of paraphernalia, the court will determine if the item or items are in fact drug paraphernalia. When making this determination, the court will look at the following factors:

  • 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.


Possession of Drug Paraphernalia in Florida

It is illegal for an individual to be in possession of drug paraphernalia that is 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 in Florida

The prosecution will most likely consider when seeking a conviction for a possession of drug paraphernalia offense is whether the individual had possession of the item or items at the time of arrest. When determining possession, the prosecution may consider whether the individual had actual or constructive possession of the paraphernalia.

Constructive possession in Florida involves whether the individual was aware the drug paraphernalia was in their presence, whether they had the intent to possess the drug paraphernalia, and whether they had the ability to take actual control of the drug paraphernalia.

Actual possession usually concerns the actual physical presence 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 immediate reach, they can be charged with possession of drug paraphernalia.


Penalties for Possession of Drug Paraphernalia in Jacksonville

The penalty for a possession of drug paraphernalia conviction is a misdemeanor of the first degree.

This degree of offense is generally 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.


Roelke Law, P.A. | Duval County Drug Paraphernalia Arrest Attorney

Contact Roelke Law today for a consultation about your alleged possession of drug paraphernalia offense. Bill Roelke is an experienced Jacksonville drug defense lawyer who will use his many years of experience fighting Florida’s drug laws obtain the best possible outcome regarding your alleged offense. Contact Roelke Law at (904) 354-0333 or send an online message for a consultation about your alleged possession of drug paraphernalia charge throughout the counties in Florida including Duval, Nassau, Clay and St. Johns.

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