Possession of Drug Paraphernalia in Florida
If accused of Possession of Drug Paraphernalia in Florida, you need to know the:
- Definition of Drug Paraphernalia
- Penalties for Possession of Drug Paraphernalia
- Defenses to Possession of Drug Paraphernalia
Definition of Drug Paraphernalia
The crime of Possession of Drug Paraphernalia is committed if a person possesses any item that is found to be “Drug Paraphernalia.”
Drug Paraphernalia is defined as:
- Any equipment, product, or material that is;
- Used, intended to be used, or designed to be used;
- In the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body;
- Of an illegal or controlled substance.
Penalties for Possession of Drug Paraphernalia
The crime of Possession of Drug Paraphernalia is a First Degree Misdemeanor in Florida.
If convicted of Possession of Drug Paraphernalia, a judge can impose any combination of the following penalties:
- Up to one year in jail.
- Up to twelve months of probation.
- Up to $1,000 in fines.
Defenses to Possession of Drug Paraphernalia
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific or common defenses to the crime of Possession of Drug Paraphernalia are:
Constructive Possession
If the drug paraphernalia was found in a place where more than one person had access, the prosecutor would have to comply with the law of constructive possession, which requires the prosecutor to prove the following two elements before you can be convicted of Possession of Drug Paraphernalia: [1]
- Knowledge of the Drug Paraphernalia's presence;
- Dominion and control over the Drug Paraphernalia.
Below are scenarios where it can be argued the prosecutor could not meet their burden of proving constructive Possession of Drug Paraphernalia.
Scenario 1: You were stopped while driving a friend's car and police find drug paraphernalia in the glove box, they would be unable to convict you of Possession of Drug Paraphernalia unless they had some proof that you knew the drug paraphernalia was present.
Scenario 2: You were driving your car, had a friend with you, and your friend places his drug paraphernalia at his feet. The police then stop you, see your friend's drug paraphernalia, and arrest both of you. They should be unable to convict you of Possession of Drug Paraphernalia because even though you knew the drug paraphernalia was present, your friend is the only person who exercised dominion and control over it.
Illegal Search and Seizure
More often than not, law enforcement exceed the scope of their authority and require people to submit to a vehicle, home, or body search; or they may coerce a person into agreeing to a search. If we can prove that either instance occurred, the courts will suppress the resulting evidence as having been illegally obtained.
Other suppression possibilities that may present themselves are: if law enforcement obtained a search warrant in bad faith or if you were arrested without probable cause.
Overdose Defense
Any person who is experiencing a drug-related overdose and needs medical assistance, or a person assisting the person that needs medical assistance, is immune from prosecution for Possession of Drug Paraphernalia if it can be shown the evidence was obtained as a result of the overdose and need for medical assistance. [2]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been charged or arrested with the crime of Possession of Drug Paraphernalia in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.