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Possession of Drug Paraphernalia: F.S. 893.147
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Possession of Drug Paraphernalia– Section 893.147, Florida Statutes, defines drug paraphernalia. Drug paraphernalia is something a person uses to do drugs, store, pack, or manufacture drugs.
The most common types of paraphernalia are pipes used to smoke drugs, needles used to inject drugs, and scales used to weigh drugs. But, as you can see, the definition of paraphernalia includes much more. The charge of possession of paraphernalia is a first-degree misdemeanor that will have you staring at a year in the county jail and a criminal conviction on your record.
Under Florida law, there are two types of possession: actual and constructive. Actual possession means the person is aware of the presence of the paraphernalia and that it is either:
- In the hand of, or on the person;
- In a container in the hand of or on the person; or
- The paraphernalia is close to being within ready reach and under the person’s control.
Simply put, actual possession means it’s on you or next to you, and you know it. The second type of possession is constructive possession. Constructive possession means that the person is aware of the presence of the paraphernalia, the paraphernalia is in a place over which the person has control, and the person can control the paraphernalia. An example of constructive possession is having a marijuana pipe in your purse next to your driver’s license and the purse in the trunk of your car.
An experienced Pensacola criminal defense attorney is familiar with the defenses to this charge. There are many defenses to possession of paraphernalia under Florida law. For example, suppose there are multiple people inside a car. In that case, the paraphernalia is not in plain view, and if nobody tells the cops whom it belongs to, the State will be unable to prove who owns the paraphernalia.
Even if you’re caught red-handed with a marijuana pipe in your pocket, there are many other ways to try and keep your record clean. The stop or search may have been illegal. If the judge agrees that the police found the drugs illegally, the State will have to drop the case. Finally, if you have little to no record, you may also be eligible for a diversion program that would end with the dismissal of the charges.