Caught Possessing “Drug Paraphernalia” In Florida?

The offense of possession of drug paraphernalia is a strange one to be charged with in Florida. It is usually charged as a first-degree misdemeanor, punishable by up to 1 year in jail, but it also encompasses a long, long list of items that might count as drug paraphernalia if found on a person in a certain context. If you have been charged with a Florida drug crime, the idea of possessing drug paraphernalia may be intimidating – but in reality, the charge is not as frightening as a person may think.

Possession & Intent

The Florida statute governing possession does not list specific items like scales or baggies as forbidden to possess. Rather, it criminalizes possession of anything that could be used to “plant, propagate, grow, harvest, [ … ] or to inject, ingest, inhale” or otherwise put drugs into the human body. If an item falls into any of these categories, it may qualify as drug paraphernalia.

That said, the other major part of convicting someone of this charge is intent. In other words, it is generally not enough to possess an item like a scale; the prosecutor must be able to show that a defendant intended to use it in the process of making, selling, or using drugs. This is, as one might imagine, highly subjective, which can sometimes work in the defendant’s favor, but sometimes a judge may simply side with the prosecution.

Treated Seriously

If you are charged with possession of drug paraphernalia, it is important to keep in mind that Florida prosecutes all drug offenses aggressively. The state has a long and somewhat colorful past with illegal drug activity, and as a result, the legal system tends to crack down on those charged with this kind of offense. That said, if you have been charged with more than one drug offense, your attorney may be able to work out a deal to drop the paraphernalia charge in a plea-bargain.

If the charge cannot be dropped, there are several potential defenses to this charge. For example, Florida recognizes a defense of “legal disposal” – if someone has possession of drug paraphernalia for the sole purpose of disposing of it, they will not be found guilty of possession. Depending on the specifics in your case, one or more defenses may apply.

Call A West Palm Beach Drug Paraphernalia Possession Attorney

Because the category of ‘drug paraphernalia’ is so wide, it can feel intimidating for a person to face this charge without legal help. A West Palm Beach drug paraphernalia possession attorney from Perlet & Shiner, P.A. can ensure your rights are protected in court. Call our office today to schedule a consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0893/Sections/0893.147.html