Under Florida law, it is unlawful for any person to use, or possess with intent to use, drug paraphernalia. The definition of “drug paraphernalia” is so broad that it provides police officers ample opportunities to make an arrest.
Drug paraphernalia is defined as anything used to plant, cultivate, grow, harvest, manufacture, compound, produce, process, prepare, test, analyze, pack, store, contain, conceal, inject, ingest, or inhale controlled substances. When you think about it, what can’t arguably be considered drug paraphernalia?
Moreover, not only is it unlawful to possess drug paraphernalia (first-degree misdemeanor), it’s also unlawful to manufacture, deliver, or possess with intent to deliver it to another person (second or third-degree felony). What about that glass pipe that’s sold in a smoke shop? The “rolling papers” sold over the counter at countless stores? Plastic baggies? Scales? These objects, while perfectly legal to buy, may, in the eyes of police, be a crime to possess.
Call an experienced lawyer at Redavid Law PLLC, because I know that things aren’t always what they seem.