Drug Paraphernalia Crimes

By Lowry Law Firm | Posted on August 21, 2015

The last post described the Florida legislature’s (rather complicated) definition of drug paraphernalia. This post is about the actual offenses related to drug paraphernalia.

Florida Statute 893.147 criminalizes the use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia. Ultimately, it states that it is a first-degree misdemeanor for any person to use (or to possess with intent to use) drug paraphernalia in virtually any way in relation to a controlled substance.

It also states that it is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing that it will be used in relation with a controlled substance in any way.:

It is a third-degree felony to deliver, possess with intent to deliver, or manufacture with intent to deliver a controlled substances under these circumstances.

It can be a third-degree felony to possess drug paraphernalia, even if there is no delivery or manufacture involved, if the paraphernalia is used to transport drugs. Specifically, it is unlawful to “use…drug paraphernalia, knowing or under circumstances in which one reasonably should know that it will be used to transport” a controlled substance.

Delivery of Drug Paraphernalia to a Minor

The statute also contains specific provisions regarding minors. Delivering drug paraphernalia to a person under the age of 18 is a second-degree felony.

Delivery of hypodermic syringes or needles to minor is considered a first-degree misdemeanor. Under the statute “hypodermic syringes, needles, or other objects which may be used, are intended for use, or are designed for use in…injecting substances into the human body” cannot be delivered to a person under 18 years of age.

(The statute contains exceptions to this rule, in 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.)

I’ve Been Charged with a Drug Paraphernalia Offense. What Can I Do?

Any kind of drug charge can be quite serious, and being convicted of a drug-related felony can have lifelong consequences. As a former prosecutor, and an experienced trial lawyer, Fort Lauderdale criminal defense attorney Mark S. Lowry can help. He has represented many clients in drug cases, and he knows the defenses to drug paraphernalia charges. If you’d like to schedule a free consultation, you can contact his office today.