Possession of Marijuana Paraphernalia
Under Florida Statute § 893.145, drug paraphernalia is defined as “all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, transporting, injecting, ingesting, inhaling, or otherwise introducing into the human body” any controlled substance.
While this is often a misdemeanor offense, individuals who are charged with marijuana paraphernalia possession typically face additional related offenses that increase the severity of the penalties. Furthermore, Florida Statutes §§ 932.701-932.706, otherwise known as the “Florida Contraband Forfeiture Act,” allows law enforcement to seize assets such as money, automobiles, and property through civil forfeiture if they believe the contraband was used in connection to a felony drug crime.
West Palm Beach Possession of Marijuana Paraphernalia Lawyer
If you have been arrested for marijuana paraphernalia possession in Florida, you should immediately seek legal representation. Andrew D. Stine, P.A. represents clients who have been arrested for drug-related offenses in Palm Beach County, including such cities as West Palm Beach, Riviera Beach, Palm Beach Gardens, Greenacres, Delray Beach, Boynton Beach, and Boca Raton.
Andrew Stine has more than a decade of criminal defense experience. Learn what he can do for you by calling 561.880.4300 to schedule a free consultation.
Florida Marijuana Paraphernalia Possession Information Center
- What are some examples of pot paraphernalia?
- Are there different offenses for possessing weed paraphernalia?
- What is the difference between actual possession and constructive possession?
- How much jail time and fines do I face for possessing cannabis paraphernalia?
- Do I have a defense against possession of marihuana paraphernalia?
Florida’s definition of paraphernalia includes, but not is limited to the following items that are used, intended for use, or designed for various purposes relating to marijuana:
- Blenders, bowls, containers, spoons, and mixing devices for compounding pot
- Capsules, balloons, envelopes, and other containers and containers for packaging, storing, concealing, or transporting marihuana
- Diluents and adulterants, such as tobacco, catnip, parsley, oregano, tea, hops, candle wax, or vegetable shortening for cutting hashish
- Isomerization devices for increasing the potency of cannabis
- Kits for planting, propagating, cultivating, growing, or harvesting of marijuana as well as kits for manufacturing, compounding, converting, producing, processing, or preparing pot
- Scales and balances for weighing or measuring weed
- Separation gins and sifters for removing twigs and seeds from or otherwise cleaning or refining marijuana
- Testing equipment for identifying or analyzing the strength, effectiveness, or purity of cannabis
The Florida Statute also includes, but not is limited to the following items that are used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, hashish, or hashish oil into the human body:
- Acrylic, ceramic, glass, metal, plastic, stone, or wooden pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls
- Air-driven, carburetor, chamber, electric, or water pipes
- Carburetion tubes and devices
- Ice pipes or chillers
- Smoking and carburetion masks
- Roach clips
Florida Statute § 893.147 includes the following six offenses relating to the use, possession, manufacture, delivery, transportation, advertisement, or retail sale of marijuana paraphernalia:
- Use or Possession of Marijuana Paraphernalia — First-degree misdemeanor, prohibits use or possession with intent to use pot paraphernalia to either ingest, inhale, or otherwise introduce weed into the human body or to analyze, compound, conceal, contain, convert, cultivate, grow, harvest, manufacture, pack, plant, prepare, produce, process, propagate, repack, store, or test or marihuana
- Manufacture or Delivery of Marijuana Paraphernalia — Third-degree felony, prohibits delivery, possession with intent to deliver, or manufacturing with intent to deliver pot paraphernalia, knowing or under circumstances where one reasonably should know that such paraphernalia will be used to either ingest, inhale, or otherwise introduce cannabis into the human body or to analyze, compound, conceal, contain, convert, cultivate, grow, harvest, manufacture, pack, plant, prepare, produce, process, propagate, repack, store, or test or marihuana
- Delivery of Marijuana Paraphernalia to a Minor — Second-degree felony, prohibits individuals 18 years of age or older from delivering weed paraphernalia to an individual under 18 years of age
- Transportation of Marijuana Paraphernalia — Third-degree felony, prohibits use, possession with the intent to use, or manufacturing with the intent to use pot paraphernalia, knowing or under circumstances in which one reasonably should know that it will be used to transport cannabis or any contraband as defined under the Florida Contraband Forfeiture Act
- Advertisement of Marijuana Paraphernalia — First-degree misdemeanor, prohibits placing any advertisement in any handbill, magazine, newspaper, 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 weed paraphernalia.
- Retail Sale of Marijuana Paraphernalia — First-degree misdemeanor, prohibits knowing and willful sale or offer for sale at retail any of the described pot paraphernalia. NOTE: Second or subsequent violations of this offense are third-degree felonies.
You can be charged with marijuana paraphernalia possession despite not actually owning the contraband in question. Florida law provides for two definitions of possession:
- Actual Possession — This the fairly straightforward situation in which the paraphernalia is actually found on the person, such as having contraband in an individual’s hands, pockets, or purse.
- Constructive Possession — This is the more creative definition in which the person had knowledge and access to the paraphernalia, such as contraband that is found in an automobile in which the individual is a passenger.
While a person who faces cannabis paraphernalia charges has frequently been charged with additional offenses, the penalties for marijuana paraphernalia possession alone can be serious enough to lead to possible fines and incarceration if convicted:
- Second-degree misdemeanor — Up to 60 days in jail and/or up to $500 in fines
- First-degree misdemeanor — Up to one year in jail and/or up to $1,000 in fines
- Third-degree felony — Up to five years in prison and/or up to $5,000 in fines
- Second-degree felony — Up to 15 years in prison and/or up to $10,000 in fines
Every drug possession is case is different, and there may be unique circumstances to your own case that allow for defenses not available to others. Some possible defenses to possession of pot paraphernalia can include, but are not limited to:
- Alleged paraphernalia served dual-use purpose
- No weed residue found on alleged paraphernalia
- You were not aware of the illicit nature of the alleged paraphernalia
- You were not aware of the presence of the alleged paraphernalia
- You did not have exclusive possession of the alleged paraphernalia
- Improperly handed lab analysis and/or results
- Evidence was obtained through illegal search and seizure or other Fourth Amendment violations
- Police failed to read you your Miranda rights
Find the Best Possession of Marijuana Paraphernalia Lawyer in West Palm Beach
Are you facing charges of marijuana paraphernalia possession? Andrew D. Stine, P.A. defends clients against drug crimes in West Palm Beach and such surrounding communities as Tequesta, Royal Palm Beach, North Palm Beach, Lantana, Lake Park, and Jupiter.
Andrew Stine can diligently work to help you achieve the most favorable outcome to your case with the fewest possible punishments. Calling 561.880.4300 today to take advantage of a free, confidential consultation.