MIAMI DRUG PARAPHERNALIA ATTORNEY

Aggressive South Florida Criminal Defense Lawyer

Possession of Drug Paraphernalia is a common misdemeanor offense which most likely accompanies a drug possession charge. Some objects that are used as drug paraphernalia are bongs, water pipes, scales, pipes and syringes. It is rather challenging to prove that paraphernalia is possessed with the intention of drug use. The State of Florida law identifies certain components that are considered when establishing whether the item in question is drug paraphernalia.

§893.146 Determination of Paraphernalia.–In determining whether an object is drug paraphernalia, a court or other authority or jury shall consider, in addition to all other logically relevant factors, the following:

  1. Statements by an owner or by anyone in control of the object concerning its use.
  2. The proximity of the object, in time and space, to a direct violation of this act.
  3. The proximity of the object to controlled substances.
  4. The existence of any residue of controlled substances on the object.
  5. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this act. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.
  6. Instructions, oral or written, provided with the object concerning its use.
  7. Descriptive materials accompanying the object which explain or depict its use.
  8. Any advertising concerning its use.
  9. The manner in which the object is displayed for sale.
  10. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor of or dealer in tobacco products.
  11. Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.
  12. The existence and scope of legitimate uses for the object in the community.
  13. Expert testimony concerning its use.

 §893.147 Use, possession, manufacture, delivery, transportation, or advertisement of drug paraphernalia.–

1. USE OR POSSESSION OF DRUG PARAPHERNALIA.–It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia:

(a) To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter; or
(b) To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.
Any person who violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

2. MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.–It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used:

(a) To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this act; or
(b) To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this act.
Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. DELIVERY OF DRUG PARAPHERNALIA TO A MINOR.–

(a) Any person 18 years of age or over who violates subsection (2) by delivering drug paraphernalia to a person under 18 years of age is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) It is unlawful for any person to sell or otherwise deliver hypodermic syringes, needles, or other objects which may be used, are intended for use, or are designed for use in parenterally injecting substances into the human body to any person under 18 years of age, except that hypodermic syringes, needles, or other such objects may be lawfully dispensed to a person under 18 years of age by a licensed practitioner, parent, or legal guardian or by a pharmacist pursuant to a valid prescription for same. Any person who violates the provisions of this paragraph is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

4. TRANSPORTATION OF DRUG PARAPHERNALIA.–It is unlawful to use, possess with the intent to use, or manufacture with the intent to use drug paraphernalia, knowing or under circumstances in which one reasonably should know that it will be used to transport:

(a) A controlled substance in violation of this chapter; or
(b) Contraband as defined in s. 932.701(2)(a)1.
Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

5. ADVERTISEMENT OF DRUG PARAPHERNALIA.–It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Even if you have not been formally charged with a crime, attorney Hernandez can intercede and work to protect your rights. Involving an attorney as early in the process as possible is important if you are to have the best opportunity of successfully fighting your charges and avoiding a conviction. Due to the difficulty of the cases and the probable sentences that attach, it is essential that you contact Mr. Hernandez. With his extensive knowledge of the legal system, attorney Hernandez will provide you with the most aggressive and knowledgeable legal representation possible in the face of your drug paraphernalia charges. 

For more information and your free consultation contact attorney Armando Hernandez today at 305-442-2590.