Drug paraphernalia could be regarded as any equipment or product that is used with drug-related activities. Pots, soil, water pipes, and vapes are all common examples of paraphernalia. Some items are perfectly legal, but if the Police believe that these items are related to illicit substances, you could be accused of violating the law.
Being charged with a drug-related offense is a serious circumstance which may necessitate legal action. Failure to act could result in jail time and expensive fines. Considering the serious implications that may follow a conviction, it is important to get in touch with one of our trusted Attorneys at Leifert & Leifert. A Pompano Beach drug paraphernalia Lawyer could prove to be a vital asset towards achieving the best possible outcome.
Definition of Drug Paraphernalia
According to Florida Statute §893.145, the types of items that the law prohibits are those items used to make, create or grow illicit substances; package, test or sell drugs; and insert controlled substances into the body. Those materials are contraband which the Police may seize as civil forfeiture.
Common examples of paraphernalia may include:
- Needles and syringes
- Scales for weighing items
- Rolling papers, pipes, bongs, roach clips
- Whip it devices
- Spoons and mixing tools designed for use with compound-controlled substances
- Containers, baggies and other items used for selling small quantities
Determination of Drug Paraphernalia
The Court may consider any relevant factors to determine if an item is illegal, as described in Florida Statute §893.146. Other factors which the Court may consider are:
- An owner’s or user’s statement regarding the item’s use
- Where the item was located
- Whether the item had any drug residue on it
- Instructions for the item
- How the item was displayed for sale
- Expert testimony on the item’s use
- Whether there are legitimate uses for the item
Penalties Related to Drug Paraphernalia
As per Florida Statute §893.147, it is a crime to use or possess drug paraphernalia together with a controlled substance. If the Court finds you guilty of this offense, you may be charged with a first-degree Misdemeanor. You could also face a jail sentence of up to one year and pay a fine of up to $1,000.
If you make or sell drug paraphernalia, that is a third degree Felony. The Court may send you to jail for up to five years and order you to pay a fine of up to $5,000. If you deliver paraphernalia to a person under the age of 18, you may be charged with a second-degree Felony. You may also face up to 15 years in prison and a fine of up to $10,000.
Contact a Pompano Beach Drug Paraphernalia Attorney for Assistance
Drug-related offenses are heavily prosecuted in Pompano Beach. Anyone accused of committing this type of offense could face a lengthy jail sentence or an expensive fine. Depending on the circumstances of the drug paraphernalia charge, you may be at risk of facing a Felony conviction. If convicted, your life could be altered in a significantly negative way. Considering the serious consequences of a conviction, contact a Pompano Beach drug paraphernalia Lawyer at Leifert & Leifert for legal assistance.