In Florida, possession of drug paraphernalia is considered a first-degree misdemeanor. Under Florida law, "paraphernalia" is defined as any equipment, product, item, or material intended for the processing, production, or use of a controlled substance.
Possession of drug paraphernalia in Florida penalties:
- Up to 12 months in jail
- A minimum fine of $1,000
Additionally, if you are placed on probation, you will most likely be ordered to submit to randomized drug testing and enroll in a court-approved drug evaluation program.
Types of Paraphernalia in Florida
The most common types of drug paraphernalia include:
- Tin foil
- Hypodermic needles
- Rolling papers
Possession of Drug Paraphernalia Florida
Prosecutors must prove every aspect of your case beyond a reasonable doubt in order to secure a conviction. Typically, these charges will be accompanied with a charge of drug possession, which can either be a misdemeanor or felony based on the type of drug found, the quantity, prior convictions, and other factors. Possible defenses for possession of drug paraphernalia may include:
If the drug paraphernalia was found in a place to which more than one person had access, prosecutors must abide by constructive possession laws and prove the following two elements:
- You had knowledge of the drug paraphernalia’s presence
- You had dominion and control over the drug paraphernalia
Illegal Search and Seizure
It is quite common for police officers to overstep the scope of their authority and coerce individuals into agreeing to a search. Depending on the severity and details of your case, our legal team may be able to provide evidence of illegal search or seizure.
If you experienced a drug-related overdose and needed medical assistance, or if you assisted a person who needed medical assistance from an overdose, you will be immune from prosecution if you can show that the evidence obtained was connected to the overdose.
We can raise the defense of temporary possession if you took momentary, temporary, or transitionary possession of drug paraphernalia from the true owner. In this case, you will not be in legal possession because you never exercised complete dominion and control over the drug paraphernalia.
Call for a Free Case Evaluation
If convicted, a drug charge on your record can have severe impacts on your future prospects. It is important to act quickly, as the sooner you speak with a Jacksonville drug paraphernalia attorney about your drug paraphernalia charge, the better chance you have at getting a positive outcome.
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