First, it is important to know that Florida law enforcement can arrest you without a warrant if there is probable cause to believe that you are in possession of illegal drugs or drug paraphernalia (Florida Statute 893.13). The laws are strict, and it is very important for you to be aware of these laws, especially if you have been accused and have yet to consult with a defense attorney.
Drug "Paraphernalia" Defined (893.145)
All equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, transporting, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.
These objects and materials include but are not limited to pipes, bongs, hoses\tubes, balloons, and roach clips. Each is subject to civil forfeiture.
Read Florida Statute 893.146 to learn more about how authorities determine whether or not these and similar objects are considered drug paraphernalia. Expert testimonies, proximity of the object to where the illegal act was taken place, and even the manner in which the object is displayed for sale must all be taken into consideration.
- It is a third degree felony in Florida to transport drug paraphernalia with intent to use.
- If you are 18 or older, it is a second degree felony in Florida to deliver drug paraphernalia to anyone under the age of 18.
- It is a first degree misdemeanor in Florida to knowingly and willfully sell drug paraphernalia.
To learn more about the Florida laws regarding the use, possession, manufacturing, delivery, transportation, advertisement or retail sale of drug paraphernalia, read Florida Statute 893.147.