Use or possession of drug paraphernalia under Florida Statute § 893.147 remains one of the most common charges that accompanies a charge of drug possession in Tallahassee. Possession of drug paraphernalia is a first degree misdemeanor and is punishable by up to twelve (12) months in the Leon County jail or a $1,000 fine.
Law enforcement officers often charge the offense of drug paraphernalia when they find scales, syringes, bongs, rolling papers, or water bongs during the course of a search. In many of these cases, when the officer does not find any marijuana or other controlled substance during the search, it is difficult for the prosecutor to prove beyond all reasonable doubt that the item is possessed with an intention to assist with the use of marijuana or a controlled substance.
Tallahassee Possession of Drug Paraphernalia Defense Lawyer
If you were arrested or charged with possession of drug paraphernalia in Tallahassee in Leon County, Florida or a surrounding county, then contact an attorney at the Law Offices of Don Pumphrey, Jr., to discuss the particular facts of your case. Our attorneys can assist you with defending against the serious criminal offense and discuss defenses that might apply in your case, including motions to dismiss for an illegal search or motions to dismiss for insufficient evidence.
Florida Drug Paraphernalia Possession Information Center
Factors Indicating that an Item is Drug Paraphernalia under Florida Law
Florida law provides that prosecutors with the State Attorney's Office can attempt show that the item used or possessed is drug paraphernalia. These factors include:
- Admissions about the purpose of the item made by the person who allegedly possessed the item or anyone else who was in control of the item;
- The location of the object;
- Whether the item was found near drugs;
- Whether any drug or marijuana residue was found on the item;
- Circumstantial evidence that indicates the intent of an owner or another person who controlled the item;
- Written instructions or advertising materials provided with the item that describe its intended use;
- The way in which the item is displayed for sale;
- Whether any legitimate use of the item existed in the community;
- Testimony from an expert witness concerning the likely use of the item.
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Crimes Related to Possession of Drug Paraphernalia Under Florida Law
- Drug Abuse — Delivery, Possession with Intent to Deliver, or Manufacture with intent to Deliver Drug Paraphernalia under Florida Statute 893.147(2)
- Drug Abuse — Delivery of Drug Paraphernalia to a Minor under Florida Statute 893.147(3)
- Drug Abuse — Advertisement of the Sale of Drug Paraphernalia
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Jury Instructions in Florida for the Crime of Possession of Drug Paraphernalia
At trial, in order to prove the crime of use or possession of drug paraphernalia, the prosecutor with the State Attorney's Office must prove the following two elements beyond all reasonable doubt:
- The person accused of drug paraphernalia had in his possession an item with the intent to use or actually did use drug paraphernalia;
- The person accused of drug paraphernalia had knowledge of the presence of the drug paraphernalia.
Florida law defines the term possession to mean having personal charge of or exercise the right of ownership, management, or control over the thing possessed. Mere proximity to drug paraphernalia is not sufficient to establish control over that paraphernalia when it is not in a place over which the person has control. Possession may be actual or constructive.
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Definition of Actual Possession of Drug Paraphernalia under Florida Law
The term "actual possession" is defined under Florida law to mean one of the following:
- The drug paraphernalia is in the hand of or on the person;
- The drug paraphernalia is in a container in the hand of or on the person; or
- The drug paraphernalia is so close as to be within ready reach and is under the control of the person.
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Definition of Constructive Possession of Drug Paraphernalia under Florida Law
The term "constructive possession" is defined under Florida law to mean that the drug paraphernalia is in a place over which the person accused as has control, or in which the person accused has concealed the item.
In order to establish constructive possession of a controlled substance if the controlled substance is in a place over which the person accused does not have control, the prosecutor with the State Attorney's Office must prove:
- control over the controlled substance; and
- knowledge that the controlled substance was within the presence of the person accused.
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Definition of Joint Possession of Drug Paraphernalia under Florida Law
Possession may be joint, that is, two or more persons may jointly possess an article, exercising control over it. In that case, each of those persons is considered to be in possession of the drug paraphernalia. If the accused person has exclusive possession of paraphernalia, knowledge of its presence may be assumed or inferred. If the accused person does not have exclusive possession of paraphernalia, knowledge of its presence may not be assumed or inferred.
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Definition of Drug Paraphernalia under Florida Statute § 893.145
Florida law defines the term “drug paraphernalia” to include the products, equipment, and materials of any kind which are intended for use, used, or designed for use in:
- inhaling, storing, ingesting, injecting, packaging, processing, manufacturing, testing, analyzing, preparing, repackaging, concealing, producing, cultivating, planting, propagating, growing, harvesting, compounding, converting, containing, or
- otherwise introducing into the human body marijuana or another type of controlled substance.
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The Law Offices of Don Pumphrey, Jr. | Possession of Drug Paraphernalia Lawyer in Tallahassee
If you have been charged with the misdemeanor offense of possession of drug paraphernalia then contact an attorney at the Law Offices of Don Pumphrey, Jr. During your free, confidential consultation, an experienced defense attorney from our firm will help you understand the charges you face and the Leon County justice system. They will listen to the unique facts and circumstances surrounding your case to help you find the most favorable path to pursue. Call (850) 681-7777 or send an online message to learn more.