Fort Lauderdale Drug Paraphernalia Lawyer
The vast majority of people in Fort Lauderdale know that certain drug crimes, such as possessing marijuana, are illegal. Unfortunately, they do not realize that it is not only a criminal offense to possess, sell, or manufacture controlled substances, but it is also against the law to possess paraphernalia used for consuming illegal drugs. If you have been charged with possession of paraphernalia, it is important that you work with a Fort Lauderdale drug paraphernalia lawyer that can prepare a defense for your case.
What is Considered Drug Paraphernalia Under the Law?
Florida law defines drug paraphernalia as any instrument or tool used to ingest, inject, or inhale any type of controlled substance. The most common instruments and tools seized as drug paraphernalia are as follows:
- Pipes, including crack pipes and water pipes
- Bongs
- Roach clips
- Rolling papers
- Carburetion masks
- Hypodermic needles and syringes
- Freebasing kits
- Cocaine spoons
The above tools are used to consume controlled substances. However, a person can also face charges of possession of drug paraphernalia if they are found with any tools used to cultivate, plant, manufacture, convert, compound, package, or process a controlled substance. These tools may include:
- Small individual plastic bags
- Scales
- Certain chemicals
- Vials
- Capsules
- Hydroponic equipment
Anyone found in possession of drug paraphernalia will face charges classified as a misdemeanor of the first degree. Those convicted of the offense may be sentenced to up to one year in prison and a maximum $1,000 fine.
Selling Drug Paraphernalia
Due to the fact that many head shops and smoke shops sell drug paraphernalia in Fort Lauderdale, and throughout Broward County, many people wonder how such business activity is legal. It is important to note that just being in possession of drug paraphernalia is not enough to be charged with a crime. These items become illegal once a person uses them, or intends to use them, for an illegal purpose. For example, a person may purchase a pipe intending to use it to smoke tobacco.
It is very difficult for the prosecution to bring charges against the smoke shops and head shops that sell drug paraphernalia in Fort Lauderdale. The prosecution must prove in these cases that the store owner or staff members knew of the customer’s intentions, which is very challenging. Still, when the prosecution is successful, sellers can be charged with a third degree felony for delivery of drug paraphernalia. A conviction for this offense carries a penalty of up to five years in prison and a maximum $5,000 fine.
Let Our Fort Lauderdale Drug Paraphernalia Lawyer Help with Your Charges
Defending a drug paraphernalia case requires a full examination of the facts of your case to determine which defense best applies. At the law office of Kevin J. Kulik, our Fort Lauderdale drug paraphernalia lawyer will review your case for free, advise you of your options, and build a strong defense strategy to give you the best chance of a successful outcome. Call us today at 954-761-9411 or fill out our online form to schedule a meeting with our knowledgeable attorney.
