Possession of Marijuana Paraphernalia
Drug paraphernalia is defined under Florida Statute § 893.145 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 a controlled substance in violation of” the Florida Comprehensive Drug Abuse Prevention and Control Act. The definition is broad enough to include many common everyday household objects that have perfectly legal primary uses.
Marijuana paraphernalia charges are often filed in conjunction with some kind of cannabis possession charges, but the presence of the actual controlled substance is not necessarily required. A conviction for a marijuana paraphernalia offense can have serious consequences, including possible incarceration and fines as well as a very damaging mark on a person’s criminal record.
Lawyer for Marijuana Paraphernalia Possession Arrests in Brooksville, FL
Were you arrested for allegedly possessing marijuana paraphernalia in West Central Florida? You will want to immediately contact Ashley M. Aulls, P.A. for help exploring all of your possible defenses that could possibly result in the criminal charges being reduced or dismissed.
Brooksville criminal defense attorney Ashley Aulls represents clients accused of marijuana crimes throughout Pasco County, Hernando County, Citrus County, and Sumter County. Call (352) 593-4115 right now to set up a free initial consultation that will let our lawyer provide a complete evaluation of your case.
Overview of Possession of Marijuana Paraphernalia in Florida
- What kinds of items are considered cannabis paraphernalia in Brooksville?
- Which kinds of crimes can people be charged with relating to marijuana paraphernalia?
- Where can I learn more about cannabis paraphernalia laws in Florida?
Many kinds of ordinary objects can be considered drug paraphernalia in Florida. Florida Statute § 893.145 establishes several examples of items that are included in the definition of drug paraphernalia, and some of the most common examples relating to cannabis include, but are not limited to:
- Kits used, intended for use, or designed for use in the planting, propagating, cultivating, growing, or harvesting of any species of plant which is marijuana or from which marijuana can be derived;
- Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing cannabis;
- Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is marijuana;
- Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of, cannabis;
- Scales and balances used, intended for use, or designed for use in weighing or measuring marijuana;
- Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, cannabis;
- Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding marijuana;
- Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of cannabis; and
- Containers and other objects used, intended for use, or designed for use in storing, concealing, or transporting marijuana.
The definition of paraphernalia also includes “objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing” cannabis, such as:
- Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls;
- Water pipes;
- Carburetion tubes and devices;
- Smoking and carburetion masks;
- Roach clips: meaning objects used to hold burning material, such as a cannabis cigarette, that has become too small or too short to be held in the hand;
- Chamber pipes;
- Carburetor pipes;
- Electric pipes;
- Air-driven pipes;
- Ice pipes or chillers;
- A 2-liter-type soda bottle; and
- Duct tape.
When an alleged offender is arrested for alleged possession of cannabis paraphernalia, he or she will typically be charged with one of the six crimes established under Florida Statute § 893.147. The offenses listed under this statute include:
- Use or Possession of Marijuana Paraphernalia — Using or possessing with the intent to use cannabis paraphernalia is a first-degree misdemeanor punishable by up to one year in jail and/or a fine of up to $1,000.
- Manufacture or Delivery of Marijuana Paraphernalia — Delivering, possessing with intent to deliver, or manufacturing with intent to deliver cannabis paraphernalia is a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000.
- Delivery of Marijuana Paraphernalia to a Minor — If any person 18 years of age or over delivers to a person under 18 years of age, possesses with intent to deliver to a person under 18 years of age, or manufactures with intent to deliver cannabis paraphernalia to a person under 18 years of age, it is a second-degree felony punishable by up to 15 years in prison and/or a fine of up to $10,000.
- Transportation of Marijuana Paraphernalia — Using, possessing with the intent to use, or manufacturing with the intent to use cannabis paraphernalia, knowing or under circumstances in which one reasonably should know that it will be used to transport marijuana or contraband, is a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000.
- Advertisement of Cannabis Paraphernalia — Placing an advertisement in any newspaper, magazine, handbill, 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 marijuana paraphernalia is a first-degree misdemeanor punishable by up to one year in jail and/or a of up to $1,000.
- Retail Sale of Cannabis Paraphernalia — Knowingly and willfully selling or offering for sale at retail any marijuana paraphernalia—other than a pipe that is primarily made of briar, meerschaum, clay, or corn cob—is a first-degree misdemeanor punishable by up to one year in jail and/or a fine of up to $1,000 for the first offense. Second or subsequent offenses are third-degree felonies punishable by up to five years in prison and/or a fine of up to $5,000.
Florida Standard Jury Instructions | Chapter 25: Drug Abuse & Contraband in Facilities — View the full text of jury instructions that are provided in many kinds of marijuana paraphernalia cases in Florida. Jury instructions available on this section of the Florida Supreme Court website include Use or Possession of Drug Paraphernalia under Florida Statute § 893.147(1), Delivery, Possession with Intent to Deliver, or Manufacture with intent to Deliver Drug Paraphernalia under Florida Statute § 893.147(2), and Delivery of Drug Paraphernalia to a Minor under Florida Statute § 893.147(3). It is important to remember that jury instructions are almost never used verbatim, as the instructions frequently need to be customized to apply the specifics of a particular case.
Florida Statute § 893.146 — View the full text of the Florida Statute relating to the determination of paraphernalia. This law establishes 13 different aspects that will be considered when determining whether an object is drug paraphernalia. Relevant factors in marijuana cases include the proximity of the object to cannabis, the existence of any marijuana residue on the object, and expert testimony concerning use of the object.
Ashley M. Aulls, P.A. | Brooksville Possession of Marijuana Paraphernalia Lawyer
If you were arrested anywhere in West Central Florida for the alleged possession of cannabis paraphernalia, it is in your best interest to seek legal representation as soon as possible. Ashley M. Aulls, P.A. aggressively defends clients in New Port Richey, Spring Hill, Brooksville, Weeki Wachee, Inverness, Wildwood, and many surrounding areas of Hernando County.
Ashley Aulls is an experienced criminal defense attorney in Brooksville who fights to help people resolve their criminal cases with the fewest possible consequences. You can have him review your case and discuss your legal options as soon as you call (352) 593-4115 or fill out an online contact form to schedule a free, confidential consultation.