Possession of Drug Paraphernalia in Florida

The state of Florida has had a long and checkered history involving illegal substances, from bootlegging and Prohibition to the cartels of the 1980s and pill mills of the 1990s. Because of this, the state prosecutes defendants caught with illegal substances very aggressively, even non-violent defendants never before in trouble with the law. One of the tools used to do just this is the offense of possession of drug paraphernalia – and Florida’s definition of ‘drug paraphernalia’ encompasses quite a lot.

Very Broad Definition

Florida’s statute governing possession of drug paraphernalia defines the term as any item used to “plant, propagate, cultivate, [ … ] store, contain, or conceal” illegal substances. As one might imagine, the law as written implicates a host of items, many of which have perfectly legitimate uses in the average home. It is often possible to distinguish between lawful and unlawful possession, but very often, the context will determine whether an offense has been committed or not.

The main ways it can be determined that someone unlawfully possesses drug paraphernalia are dependent on the environment. For example, a person with diabetes might have syringes in their home to treat their condition, but if those syringes are found sitting next to a cache of heroin, it is a reasonable assumption that they are being used as drug paraphernalia, rather than medical equipment.

Can I Fight The Charge?

Possession of drug paraphernalia in Florida is usually tried as a first-degree misdemeanor, meaning that a person convicted will face up to 1 year in jail, plus $1,000.00 in fines and assorted court costs. However, this offense is rarely charged on its own – in other words, a person is usually charged with possession of a controlled substance as well as the paraphernalia to use it. What this means is that in some cases, your attorney may be able to negotiate to have this charge dropped as part of a plea-bargain.

It is important to remember that getting this charge dropped is by no means a guarantee; every case is different and every state’s attorney handles legal matters differently – but in some cases, it is not out of the realm of possibility for such an overture to succeed. That said, be advised that the crime of delivering drug paraphernalia may be charged more harshly than merely possessing it, particularly if the intended recipient is a minor.

Contact A West Palm Beach Drug Offenses Attorney

If you have been charged with drug offenses, including possession of drug paraphernalia, it is important to take the charges seriously. The right West Palm Beach drug crimes attorney can help – Perlet & Shiner, P.A. has handled many of these types of cases, and will work hard on yours. Call our office today to speak to an attorney.

Source:

flsenate.gov/Laws/Statutes/2021/893.147