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 defenses to the crime of Possession of Drug Paraphernalia are:
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 occur if law enforcement obtained a search warrant in bad faith or if you were arrested without probable cause.
Insufficient Evidence
The prosecutor can only prove a Possession of Drug Paraphernalia charge in one of two ways:
Actual Possession
To prove that you actually possessed Drug Paraphernalia, the prosecutor has to show the Drug Paraphernalia was found on your person. So if the Drug Paraphernalia was found in your pocket, the prosecutor would have case of actual possession of Drug Paraphernalia.
Constructive Possession
On the other hand, if the Drug Paraphernalia was found in a place that more than one person had access to, the prosecutor would have a much more difficult time proving you were the owner of the Drug Paraphernalia due to the law of constructive possession.
The law of constructive possession requires the prosecutor to prove distinct elements of possession before a person can be convicted for possessing something not found on their person. These elements are:
- Knowledge of the Drug Paraphernalia's presence;
- Knowledge the item was Drug Paraphernalia; and
- Dominion and control over the Drug Paraphernalia.
Below are scenarios where it could be argued the prosecutor could not meet their burden of proving constructive possession.
Scenario 1: You were stopped while driving a friend's car and police found suspected Drug Paraphernalia in the glove box, they would be unable to convict you of the possession unless they had some proof that you knew the Drug Paraphernalia was there.
Scenario 2: You were stopped while driving a friend's car and police found a pipe in plain view in the ash-tray, they would be unable to convict you of possession unless they had some proof that you knew the pipe was for smoking an illegal drug.
Scenario 3: You were driving your car, had a friend with you, and your friend takes his personal pot pipe and places it at his feet. The police then stop you, see your friend's pipe, and arrest both of you. They should be unable to convict you of possession of Drug Paraphernalia because even though you knew the pipe was there, your friend is the only person who had dominion and control over it.
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 of the proper course of action that can be taken.
