Jacksonville Possession of Drug Paraphernalia Lawyers

helps people charged with

Our Jacksonville criminal lawyer has handled many cases involving possession of drug paraphernalia.  This is often an additional charge to a substantive drug offense, but not always.  A drug paraphernalia charge can have serious negative consequences, but those consequences can often be avoided through negotiation and/or pretrial diversion.  Call LGL's Jacksonville criminal attorney today for a free consultation on your drug paraphernalia case. 

Drug paraphernalia in Florida is defined in Florida Statute Section 893.145.  

"...all equipment, products, and materials of any kind which are used, intended for use, or designed for converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, transporting, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance..."

Typical examples of drug paraphernalia include baggies with drug residue, scales, syringes, pipes, rolling papers, balloons, etc.  Whether an item is drug paraphernalia is ultimately a question for the jury.  The more evidence there is to tie controlled substances to the paraphernalia, the more likely the State would be able to prove that the item was "drug" paraphernalia, as opposed to an innocent everyday object.  For example, if a spoon is found in a kitchen drawer with other spoons, it would be difficult to prove that the spoon was drug paraphernalia.  However, if a spoon were located on a nightstand next to a baggie of heroin and syringe and the spoon contained drug residue, the evidence would be much stronger that the spoon was drug paraphernalia.  

Florida Statute Section 893.146 lays out some factors a judge or jury shall consider in determining whether an item is drug paraphernalia.  Those factors include statements made about the use of the item, how close the item is to controlled substances, drug residue on the item, evidence of the person's intent to use the item, item instructions, descriptive materials explaining the item's use, and more. 

In Florida, it is a crime to use or to possess drug paraphernalia.  Most drug paraphernalia cases involve possession.  Possession can be actual or constructive.  Actual possession means that the person possesses the item on their person (i.e. in their hand or pocket or in a container that is in their hand) or within ready reach and under the control of the person (i.e. under their seat, within arms reach, etc.).  Constructive possession means that the person has knowledge of the presence of the item, and has control over the item.  More than one person can have constructive possession of an item.  For example, most items in a married couple's household would be in the constructive possession of both husband and wife, whether they are home at the time or not.  So, if the police executed a search warrant on a home and located needles in plain view in the joint bedroom, arguably both husband and wife could be charged with constructive possession of drug paraphernalia because they both have control over the home, the bedroom and items within.  

No.  In Florida, a possession of drug paraphernalia charge is considered a first degree misdemeanor.  A first degree misdemeanor is punishable by up to one (1) year in jail and up to a $1,000 fine.  

As mentioned above, you can go to jail for up to a year if convicted of possession of drug paraphernalia, however, that is extremely rare in Jacksonville and throughout the State of Florida.  In fact, it is very rare to go to jail at all for a first time arrest.  Jail time is typically reserved for people with substantial criminal records or who have additional charges that are more serious than possession of drug paraphernalia.  If a person has limited or no prior criminal record and no additional charges, it is typical for the case to be referred to a pretrial diversion program or to be resolved for a withhold of adjudication, probation and/or court costs.