Florida Drug Paraphernalia Crimes
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Orlando Florida Criminal Lawyer - Drug Paraphernalia:
The crime of possession of drug paraphernalia, while generally viewed as
a less serious criminal offenses, still has significant penalties, including up
to a year in the county jail. If you have been arrested for possession of drug
paraphernalia you should speak with an experienced criminal defense
attorney at your earliest opportunity to learn about your rights and the
defenses that may be available to you..
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some information regarding criminal offenses involving drug
paraphernalia:
Drug Paraphernalia - Possession of Drug Paraphernalia is a 1st degree misdemeanor punishable by up to
1 year in the county jail. Almost any item can be termed drug paraphernalia when used in connection with drugs,
including: pipes, baggies, cigars, rolling paper and bongs, and these items are legal when they do not contain
drug residue or are not being used in connection with illegal drugs. For more information on Drug Paraphernalia
please review the following stature.
Florida Statute 893.147 - Use, possession, manufacture, delivery, transportation, or advertisement of
drug paraphernalia.
(1) USE OR POSSESSION OF DRUG PARAPHERNALIA.—It is unlawful for any person to use, or to possess
with intent to use, drug paraphernalia:
(a) To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter; or
(b) To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of
this chapter.
Any person who violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in
s. 775.082 or s. 775.083.
(2) MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.—It is unlawful for any person to deliver,
possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under
circumstances where one reasonably should know, that it will be used:
(a) To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this act; or
(b) To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of
this act.
Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(3) DELIVERY OF DRUG PARAPHERNALIA TO A MINOR.—
(a) Any person 18 years of age or over who violates subsection (2) by delivering drug paraphernalia to a person
under 18 years of age is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
(b) It is unlawful for any person to sell or otherwise deliver hypodermic syringes, needles, or other objects which
may be used, are intended for use, or are designed for use in parenterally injecting substances into the human
body to any person under 18 years of age, except that hypodermic syringes, needles, or other such objects may
be lawfully dispensed to a person under 18 years of age by a licensed practitioner, parent, or legal guardian or by
a pharmacist pursuant to a valid prescription for same. Any person who violates the provisions of this paragraph
is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(4) TRANSPORTATION OF DRUG PARAPHERNALIA.—It is unlawful to use, possess with the intent to use, or
manufacture 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) A controlled substance in violation of this chapter; or
(b) Contraband as defined in s. 932.701(2)(a)1.
Any person who violates this subsection commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(5) ADVERTISEMENT OF DRUG PARAPHERNALIA.—It is unlawful for any person to place in any newspaper,
magazine, handbill, or other publication any advertisement, 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. Any person who violates this subsection is guilty of
a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083
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Please visit the links below for some additional information on controlled or illegal substance crimes:
General Drug Crimes - Drug Cultivation, Possession, Purchase, and Sale.
Drug Trafficking Laws - Drug Trafficking Crimes & Laws
Florida Statute 322.055 -Revocation or suspension of, or delay of eligibility for, driver’s license for
persons 18 years of age or older convicted of certain drug offenses:
Florida Statutes 322.056 - Mandatory revocation or suspension of, or delay of eligibility for, driver’s
license for persons under age 18 found guilty of certain alcohol, drug, or tobacco offenses; prohibition:
Florida Statute 775.16 - Drug offenses; additional penalties.
Florida Statute 893.13 - Prohibited Acts and Penalties
Florida Statute 893.03 - Controlled Substances Standards & Schedules
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orange
County criminal defense lawyer about your situation or to schedule a Free Initial Consultation. The Wilson Law
Firm represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as
well as Lake County, Orange County, Osceola County, and Seminole County, Florida.
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advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Winter Park criminal defense lawyer and Orange County Florida DUI attorney today. The Wilson Law Firm, P.L. © 2010
Call Today: (407) 648-5255
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Orlando Florida Criminal Attorney & Orange County DUI Lawyer -
Orange County Florida Criminal Lawyer & Orlando DUI Attorney
Call Today: (407) 648-5255
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