Arrest For Possession of Drug Paraphernalia

Florida Statute 893.147(1) states that it is unlawful for any person to use or possess with intent to use drug paraphernalia to contain, conceal, consume, use, or propagate a controlled substance.

The elements of possession of drug possession are;

(1) the defendant knew of the presence of the drug paraphernalia; and, (2) the defendant either used or possessed the drug paraphernalia with intent to use it to inject/ingest/inhale/introduce a controlled substance into the human body or to propagate/conceal/contain/etc., a controlled substance.

Such possession may be actual (either in the hand of the person or so close to be within ready reach and under control of the person) or constructive (the paraphernalia is not in hand but in a place over which the person has control).

Such possession may also be jointly possessed – possessed by two or more persons that are aware of the presence of the drug paraphernalia and are exercising control over it.

Possession of drug paraphernalia is a first-degree misdemeanor punishable by up to 1 year in the county jail and a fine up to $1,000. Numerous defenses exist to a charge of possession of drug paraphernalia.

The State must prove that the defendant knew of the drug paraphernalia.

If residue or swabs are collected from the suspected drug paraphernalia and such evidence tests negative for the presence of an illegal substance or the State fails to present evidence linking the alleged paraphernalia to an illegal substance, such has been held to be sufficient to defeat the charge.

So if you have a Possession of Drug Paraphernalia charge in Okaloosa County or Walton County, be sure to ask your prospective attorney specific approaches and strategies tailored to your individual case’s fact pattern.

For free evaluation of your arrest, or a family members arrest, give Lupella & Rehr a call at (850) 362-6655.