Everyday items are not illegal to own or use, so how come you can face drug paraphernalia charges for these items? What makes something drug paraphernalia, and what sentences are associated with these charges? We discuss the details of these questions below.
Drug & Drug Paraphernalia Laws
In order to fully understand drug paraphernalia laws, you must first learn what the law classifies as a controlled substance. A controlled substance is a government restricted or outlawed chemical or drug. Examples include: marijuana, heroin, cocaine, and prescription drugs.
Drug paraphernalia is any equipment or product used or intended for the consumption or storage of a controlled substance. Specifically, Florida Statute 893.145 prohibits any item used to:
- Plant a controlled substance
- Cultivate a controlled substance
- Manufacture a controlled substance
- Produce a controlled substance
- Process a controlled substance
- Store a controlled substance
- Conceal a controlled substance
Examples of Drug Paraphernalia
The Florida statute identifies a number of items under the “drug paraphernalia” description, including:
- Glass, wooden, ceramic, or plastic pipes
- Roach clips, used to help hold cigarettes
- Miniature spoons used to snort cocaine
- Scales or balances used to weigh a controlled substance
- Baggies, jars, or other containers used to hold a controlled substance
In order to convict you of drug paraphernalia possession, the court must prove you were in physical control of, or owned and were aware of, the paraphernalia item. Additionally, the sole or substantial purpose of the item was for the consumption, creation or storage of a controlled substance. This is provable in a number of ways, such as the proximity of the item to the controlled substance, or if the item has any residue of a controlled substance on or within it.
Drug Paraphernalia Penalties
If charged with drug paraphernalia possession, the court can sentence you to up to 12 months in jail and up to $1,000 in fines. This first-degree misdemeanor is often charged in conjunction with a drug possession or trafficking charge, which may result in even harsher penalties.
Our Weston Drug Crime Attorney Can Help Defend You
A drug paraphernalia conviction can result in significant jail time. If you are facing drug paraphernalia possession charges, contact the Law Office of Kevin F. Moot. Our Weston drug crime lawyer takes the time to analyze the details of your crime and uses his legal knowledge to fight the admissibility of the evidence against you. When it comes to your rights, no one fight for you like Kevin F. Moot.
Schedule a free consultation today with our Weston drug crime lawyer. We are available weekends and evenings, so call us now: (954) 371-0770.