Miami Drug Paraphernalia Lawyer

• Statements concerning its use
• Proximity of the object, in time and space, to a direct violation of this act
• Proximity of the object to controlled substances
• Any residue of controlled substances on the object
• Evidence that the object was going to be used or delivered to someone else
• Instructions provided with the object concerning its use
• Any advertising concerning its use
• The manner in which the object is displayed for sale
• Legitimacy as a supplier, such as a licensed distributor or dealer of tobacco products
• Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise
• Expert testimony concerning its use

Punishments for a Conviction

Florida Statute § 893.147 establishes six different criminal offenses relating to drug paraphernalia.

The crimes listed under this statute include:

• Use or Possession of Drug Paraphernalia — Use or possession with intent to use drug paraphernalia is guilty of a first degree misdemeanor punishable by up to 1 year in jail and/or a fine of up to $1,000.
• Manufacture or Delivery of Drug Paraphernalia — Delivery, possession with intent to deliver, or manufacturing with intent to deliver drug paraphernalia is a third degree felony punishable by up to 5 years in prison and/or a fine of up to $5,000.
• Delivery of Drug Paraphernalia to a Minor — Delivery, possession with intent to deliver, or manufacturing with intent to deliver drug paraphernalia to a person under 18 years of age by any person 18 years of age or over is a second degree felony punishable by up to 15 years in prison and/or a fine of up to $10,000. When it involves hypodermic syringes, needles, or other objects, charges can be increased to a first degree misdemeanor punishable by up to 1 year in jail and/or a fine of up to $1,000.

• Transportation of Drug Paraphernalia — Use, possession with the intent to use, or manufacturing with the intent to use drug paraphernalia, knowing or under circumstances in which one reasonably should know that it will be used to transport a controlled substance or contraband is a third degree felony punishable by up to 5 years in prison and/or a fine of up to $5,000.
• Advertisement of Drug Paraphernalia — Placing any advertisement in any newspaper, magazine, handbill, or other publication, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia is a first degree misdemeanor punishable by up to 1 year in jail and/or a fine of up to $1,000.
• Retail Sale of Drug Paraphernalia — Knowingly and willfully selling or offering for sale at retail any drug paraphernalia—other than a pipe that is primarily made of briar, meerschaum, clay, or corn cob—is a first degree misdemeanor punishable by up to 1 year in jail and/or a fine of up to $1,000 for the first offense, and a third degree felony punishable by up to 5 years in prison and/or a fine of up to $5,000 for second or subsequent offenses.

Give us a call at 305-249-0090 today if you are in Miami. Call us at 954-524-4474 if you are in Broward County.