Drug Paraphernalia Charges

Experienced Tampa Drug Paraphernalia Defense Lawyer

Under Florida law, “drug paraphernalia” is any object associated with the use of drugs, including but not limited to needles, bongs, scales, baggies, or syringes. In Florida, you can receive a criminal charge for being in possession of any drug paraphernalia, regardless of whether you are also found to be in possession of a controlled substance.

If you have been charged with drug paraphernalia, you need a trusted legal advocate by your side. Many people don’t realize that drug paraphernalia charges are just as serious as other drug crimes; if convicted, you face significant fines and possible jail time, among other criminal, professional, and personal consequences. We encourage you to reach out to our Tampa drug paraphernalia attorney at The Law Offices of Jeff Paulk for help understanding your legal rights and options. 

Let our team fight for your future. Call (813) 321-7323 or contact us online to request a completely free and confidential consultation.

Florida Drug Paraphernalia Penalties

According to Florida law, it is illegal to use, possess, possess with intent to distribute, deliver, or manufacture drug paraphernalia. Paraphernalia can include items used to cultivate or produce drugs, objects used to store them, and anything used to consume them. This includes products that make drugs ingestible, injectable, or inhalable.

The penalties for violating these laws vary, but may include: 

• Fines 
• A jail or prison sentence
• Probation 
• Community service

In some cases, charges could result in mandatory minimum sentences, depending on various factors. And, often, drug paraphernalia charges accompany other types of drug-related charges, such as drug possession or trafficking. This can result in multiple charges and heightened penalties, such as extended prison sentences and steeper fines. 

Understanding Florida’s Drug Paraphernalia Laws

While being charged with possessing drug paraphernalia seems to indicate having an object at hand at the time of arrest, it actually encompasses a much wider range of activities. In addition to physical ("actual") possession, you can also face charges on account of implied ("constructive") possession. The latter can be any situation where you have the knowledge of an object's presence and the ability to access it—even if it is not in your direct control. 

Other charges may be issued based on intent to use an object for illegal purposes. These charges can be issued when paraphernalia is discovered in various circumstances.

The following circumstances can be used to indicate intent:

• A witness is familiar with the item's use
• The paraphernalia is found near illegal drugs
• The object contains traces of an illegal substance

What Counts as “Drug Paraphernalia” Under Florida Law?

Specific items that can be considered drug paraphernalia in Florida include:

• Hypodermic syringes
• Water pipes
• Carburetion tubes and devices
• Smoking and carburetion masks
• Roach clips
• Miniature cocaine spoons and cocaine vials
• Chamber pipes
• Carburetor pipes
• Electric pipes
• Air-driven pipes
• Chillums
• Bongs
• Ice pipes or chillers
• Cartridge or canisters
• Chargers, sometimes referred to as "crackers"
• Charging bottles
• Whip-its
• Tanks
• Balloons
• Hoses or tubes
• Two-liter bottles or similar
• Duct tape

Items considered drug paraphernalia also include the kits and mixing tools that work in conjunction with the items listed above to make drugs usable or transportable. The law is even worded in a way that makes containers used to store drugs considered paraphernalia in certain circumstances.

Get Help From Our Tampa Drug Paraphernalia Defense Lawyer

In Florida, the penalties for misdemeanor possession of drug paraphernalia may include up to 12 months (1 year) in jail and/or a fine of up to $1,000.

The Tampa drug paraphernalia defense lawyer at The Law Offices of Jeff Paulk can provide an aggressive defense, whether that means demonstrating your rights were violated in the process of search and seizure or that you did not meet the conditions necessary to constitute possession of paraphernalia and/or an illegal substance. Whatever your circumstances, our firm is ready to help. 

At The Law Offices of Jeff Paulk, we recognize that many of our clients have never been arrested before. In fact, for many of them, this is their first time interacting with law enforcement at all. You may be frightened, worried about the future, and unsure of what’s going to happen next. Our team is here to help, not just with your defense but also in answering your questions and providing the guidance you need to feel more confident moving forward.

We have helped countless clients obtain favorable results spanning a wide range of cases. As a knowledgeable Tampa drug crime lawyer, Jeff Paulk is deeply familiar with the legal system and can help you navigate your charges, no matter how complex they may be. 

We’re standing by to answer your questions during a free initial consultation. Call our Florida drug paraphernalia lawyers today at (813) 321-7323 for help.