Florida Statutes Section 893.147 states that it is unlawful for any person to use or possess drug paraphernalia with intent to use, cultivate, store, package, manufacture, ingest, inhale, or conceal any controlled substances. Drug paraphernalia can consist of items, such as plastic baggies, spoons, syringes, plastic containers, pipes, and etc., if there is any residue present and proximity of paraphernalia to person or controlled substances. Person’s knowledge of the presence of the paraphernalia and statements made to the police can also serve as evidence of possession.
Possession of Drug Paraphernalia is a first degree misdemeanor punishable by a jail sentence up to one year and a fine up to $1,000.00. Selling paraphernalia is also a first degree misdemeanor. However, more serious charges can arise from manufacturing and transporting paraphernalia which are third degree felonies. In addition, providing paraphernalia to a minor less than 17 years of age is second degree felony punishable by up to 15 years in prison and a fine up to $10,000.00.
If you are ever arrested for a possession of paraphernalia, you need contact an experience criminal defense attorney to make a determination whether there are issues with an illegal search or seizure or other defenses available for you case. Contact Stewart Law Firm today at 850-689-4529 for your free consultation.