How Does Florida Handle Drug Paraphernalia Offenses? What Are the Penalties?

What Is Considered to be Drug Paraphernalia?

It’s not uncommon for people to think that drug charges involve only actual drugs. Drug paraphernalia can also lead to arrests and charges. What can be classed as drug paraphernalia is wide-ranging, encompassing everything from tools needed to grow and harvest drugs, manufacturing, storing, processing, testing, ingesting or inhaling, or in any manner assisting someone to introduce the drug into the human body.

Given that wide range, it’s not possible to list every item that could potentially be charged as drug paraphernalia. But a few common items include:

• Materials for using drugs. This can include bongs, water pipes, roach clips, syringes and needles, vials, rolling papers, and cutting implements.
• Materials for storing, carrying, or hiding drugs. These may include packaging materials such as balloons, baggies, envelopes, and other containers.
• Materials for converting or manufacturing drugs. This can include blenders, dishes, and scales and balances.

What Consequences Do Convictions from Drug Paraphernalia Charge Lead to?

Drug paraphernalia in Florida law is related to the use or possession of such paraphernalia, retail sale, delivery to a minor, or delivery, possession, or manufacturing with intent to deliver.

Being charged in one of these categories usually leads to a first-degree misdemeanor. That can result in up to one year in jail or on probation and a fine of up to $1,000. However, paraphernalia charges are often combined with other drug charges, so it’s possible the charges and subsequent consequences could be more severe, even for a first conviction.
If the person charged ends up with a year’s probation, they’ll likely be expected to submit to random drug testing. They may also be ordered to register for a drug treatment program.

How Is Drug Paraphernalia Possession Defined?

Possession is defined in two ways.

• Actual possession. This means the person charged had the paraphernalia under their active control, whether actually on their body, in a container they were holding or in easy reach.
• Constructive possession. This means the paraphernalia was not in actual possession, but somewhere the person hid it or still has control over it, and is aware of its presence.

Control of the paraphernalia becomes a significant concern when preparing this type of case.

What Are Some Possible Defenses to a Drug Paraphernalia Charge?

Every case is unique, so there’s not a simple defense that fits every situation, especially when drug charges are involved. However, some common defense techniques may apply.

• Unable to prove constructive possession. Actual possession tends to be more easily proven because it’s likely the person charged was found to have the paraphernalia on them or close by. But constructive possession can be trickier. If the paraphernalia was found in a place where multiple people live or multiple people were present at the time of the arrest, or if it was found in a vehicle owned by multiple people or someone else, it’s possible that the person arrested was unaware of the paraphernalia’s presence.
• Legality and constitutionality of the arrest. There are times when law enforcement officers don’t follow the legal protocols when arresting someone. For example, they may try to coerce a confession out of someone or neglect to read them their Miranda rights, which is the constitutional right to remain silent and only speak to an attorney. There may have been an illegal search and seizure. If any of these apply, it may be possible to suppress the evidence, making the case nearly impossible for prosecutors to pursue.

Any defense has nuances and complexities that could benefit from working with an experienced criminal defense attorney.

Are Police Allowed to Search and Seize Without a Warrant?

The Fourth Amendment to the U.S. Constitution guarantees that people should not be subjected to unreasonable or unlawful searches and seizures. Generally, law enforcement should have a valid search warrant before conducting a search and seizure.

However, the Fourth Amendment doesn’t provide an absolute guarantee of warrantless searches. In some situations, law enforcement can move ahead with a search without a warrant.

• With consent. If they don’t have a warrant, law enforcement may ask your permission to search. It’s vital to understand that you have the right to refuse. Often, people don’t think they have a choice in the matter. But they do–and the officer should not use any coercive tactics to get you to agree. If they search without your consent, it’s no longer legally reasonable, and the refusal can’t be used against you in court.
• Plain view. This means that if law enforcement can plainly see drug paraphernalia (for example, in the passenger seat when the driver has been pulled over for speeding), they have the right to seize it without a warrant.
• Lawful arrest. If the officer arrests someone, they’re allowed to then search the person and the immediate area.
• Emergencies. Suppose the officer believes it’s an emergency (for example, they have reason to believe the suspect will flee or destroy evidence while the officer gets a warrant). In that case, they can move ahead without the warrant.

What Should I Do if I Was Arrested and Charged with Drug Paraphernalia Possession?

Call DeMichael Law as soon as possible at 863-216-1831 to request a free case evaluation. The consequences of a conviction of these charges are severe. I can guide you through the specifics of your case to determine the best way to build a defense. I understand that this is traumatic and frightening. You don’t have to go through it alone.