What is Florida’s Drug Paraphernalia Law?
Many drugs are illegal in Florida, but did you know that possession of drug paraphernalia is also a crime? The drug laws in the state are strict, and many people find themselves unexpectedly facing charges because they had paraphernalia on them. Below are five facts that are important to know about the drug paraphernalia laws in Florida.
What is Drug Paraphernalia?
Drug paraphernalia is a broad term used to describe anything a person uses to produce, plant, manufacture, propagate, harvest, package, store, contain, inhale, ingest, or consume illegal drugs. Essentially, anything that is related to drugs in Florida is considered paraphernalia. Some of the most common types of paraphernalia include pipes, syringes, clips, and pipes.
It is Illegal to Possess Drug Paraphernalia in Florida
It is illegal in Florida to not only use drug paraphernalia, but to own it, as well. Unfortunately, many people face charges for drug paraphernalia possession because they have an item that is used for something else. For example, a person may smoke tobacco out of a pipe and after law enforcement searches their car, they charge the owner with possession of drug paraphernalia. It is important to work with a criminal defense lawyer that can order a drug test to prove a person’s innocence.
It is Illegal to Manufacture, Sell, and Advertise Drug Paraphernalia
Aside from using and possessing drug paraphernalia, it is also illegal to manufacture, sell, and advertise any items that can be used to manufacture or use drugs. Individuals that sell or distribute drug paraphernalia to minors can also face serious charges.
You can Face Charges Even if the Paraphernalia is not on You
It is not necessary to have a pipe, syringe, or other type of drug paraphernalia on your person in order to face charges. If law enforcement suspects you of a crime, they may search your home or your vehicle. If they find drug paraphernalia in these places, you can face charges, as long as you had control over the location in which the paraphernalia was found.
Jail Time is a Possibility if Convicted
If you are found in possession of drug paraphernalia, you will likely face a charge that is a misdemeanor in the third degree. For this type of offense, jail time is a possibility, particularly if you have a prior offense. However, a criminal defense lawyer can get the charges reduced so you only face probation and placement in a drug treatment program.
Our Florida Criminal Defense Lawyers can Help with Your Charges
Drug crimes are taken very seriously in Florida, and that includes possessing drug paraphernalia. However, if you have been charged, there is still hope. At All Family Law Group, our Tampa criminal lawyers know the defenses available in these cases, and how to use them to give you the best chance of a positive outcome. Call us today at (813) 672-1900 or contact us online to schedule a free consultation with one of our knowledgeable attorneys. Financing may be available.