To commit the crime of Possession of Drug Paraphernalia in Florida, you have to knowingly use drug paraphernalia or had it in your possession and intended to use it. Items that are not, in and of themselves, associated with drugs, or if there is no drug residue on them, they may not qualify as drug paraphernalia. For example, having a homemade pipe is insufficient to convict you of Possession of Drug Paraphernalia if no drug residue is found on the item and you had no illegal drugs in your possession. However, if a common object is prepared and altered for use of narcotics, such as having burnt residue on a beer can that is bent in half with holes punched in it, then there may be sufficient evidence that the item is drug paraphernalia.
If you have any questions about criminal drug charges, please contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900.