Possession of Paraphernalia

Possession of Paraphernalia is a violation of Florida Statute § 893.147 and commonly accompanies arrests for other drugs. Most commonly, a violation of this statute relates to § 893.147(1)(b), which makes it a crime to possess with intent to use any drug paraphernalia to “inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.”

Most commonly, the Key West criminal defense lawyers at Robertson & Hunter see these charges accompanying arrests for marijuana. Bowls, rolling papers, grinders, etc. are all considered drug paraphernalia. Marijuana residue on these items will give the office of the State Attorney the argument that the person possessed the paraphernalia with intent to use it to consume controlled substances.

Subsection (1)(a) of the same statute makes it a criminal offense to possess drug paraphernalia to pack, store, contain, or conceal a controlled substance. As such, sometimes the Key West criminal defense lawyers at Robertson & Hunter see a possession of paraphernalia charge accompanying an allegation that one has some sort of container designed to conceal its contents, such as false bottoms in containers designed to look like everyday household products.

The charge of possession of paraphernalia is a first degree misdemeanor. This means it is punishable by up to 364 days in jail and or 12 months probation. While these are the maximum punishments, it is unlikely that one would be sentenced to the maximum for an offense of possession of paraphernalia. Many of our clients have little to no criminal history. In those instances, it is quite common for the Key West criminal defense lawyers at Robertson & Hunter to reach a resolution for our clients that leaves them without a criminal conviction on their record. If you have been charged with possession of paraphernalia, contact the experienced Key West criminal defense attorneys at Robertson & Hunter today.