Notice: While courts and businesses are closing due to COVID-19, we are still accessible to answer your legal questions. We can still handle most legal issues and communications with clients by phone, email and text.
Drug Paraphernalia Put a Skilled and Trial-Proven Attorney in Your Corner

Miami Drug Paraphernalia Lawyer

Also Protecting Clients throughout Fort Lauderdale

State law in Florida prohibits not only the possession of controlled substances, but also the items that help make, carry, or use illegal drugs. Florida law defines drug paraphernalia as anything that can be used in cultivating or using illegal controlled substances. These can include common household objects with perfectly legal primary uses, leading to criminal charges resulting in possible fines and jail time. If you were charged with such a crime, contact the Miami drug paraphernalia lawyer at The Hoffman Firm.

Call us at (305) 928-1669 if you are in Miami, or 954-737-3004 if you are in Broward County, to schedule a consultation with an experienced criminal defense attorney.

Types of Drug Paraphernalia

People can be arrested for drug paraphernalia even when the items in question have no illegal drug residue on them. The definition of drug paraphernalia is broad enough to include several types of everyday items as being items used for illegal drug activities. An experienced criminal defense lawyer can help you better understand the circumstances of your arrest and fight the charges.

State law defines drug paraphernalia as including, but not being 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 a controlled substance or from which a controlled substance can be derived
  • Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances
  • Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance
  • Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances
  • Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances
  • Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances
  • 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 controlled substances
  • Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances
  • Containers and other objects used, intended for use, or designed for use in storing, concealing, or transporting controlled substances
  • Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body

This means a law enforcement officer could have you arrested for a pipe, canisters of nitrous oxide, balloons, soda bottles, and even duct tape.

The following factors are considered in determining whether an object is drug paraphernalia:

  • Statements concerning its use
  • Proximity of the object, in time and space, to a direct violation of this act
  • Proximity of the object to controlled substances
  • Any residue of controlled substances on the object
  • Evidence that the object was going to be used or delivered to someone else
  • Instructions provided with the object concerning its use
  • Any advertising concerning its use
  • The manner in which the object is displayed for sale
  • Legitimacy as a supplier, such as a licensed distributor or dealer of tobacco products
  • Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise
  • Expert testimony concerning its use

Punishments for a Conviction

Florida Statute § 893.147 establishes six different criminal offenses relating to drug paraphernalia.

The crimes listed under this statute include:

  • Use or Possession of Drug Paraphernalia — Use or possession with intent to use drug paraphernalia is guilty of a first degree misdemeanor punishable by up to 1 year in jail and/or a fine of up to $1,000.
  • Manufacture or Delivery of Drug Paraphernalia — Delivery, possession with intent to deliver, or manufacturing with intent to deliver drug paraphernalia is a third degree felony punishable by up to 5 years in prison and/or a fine of up to $5,000.
  • Delivery of Drug Paraphernalia to a Minor — Delivery, possession with intent to deliver, or manufacturing with intent to deliver drug paraphernalia to a person under 18 years of age by any person 18 years of age or over is a second degree felony punishable by up to 15 years in prison and/or a fine of up to $10,000. When it involves hypodermic syringes, needles, or other objects, charges can be increased to a first degree misdemeanor punishable by up to 1 year in jail and/or a fine of up to $1,000.
  • Transportation of Drug Paraphernalia — Use, possession with the intent to use, or manufacturing with the intent to use drug paraphernalia, knowing or under circumstances in which one reasonably should know that it will be used to transport a controlled substance or contraband is a third degree felony punishable by up to 5 years in prison and/or a fine of up to $5,000.
  • Advertisement of Drug Paraphernalia — Placing any 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 drug paraphernalia is a first degree misdemeanor punishable by up to 1 year in jail and/or a fine of up to $1,000.
  • Retail Sale of Drug Paraphernalia — Knowingly and willfully selling or offering for sale at retail any drug 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 1 year in jail and/or a fine of up to $1,000 for the first offense, and a third degree felony punishable by up to 5 years in prison and/or a fine of up to $5,000 for second or subsequent offenses.

Give us a call at (305) 928-1669 today if you are in Miami. Call us at 954-737-3004 if you are in Broward County.

Why Should You Choose The Hoffman Firm?

Here Are Six Reasons
  • Client-Focused Representation

    Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.

  • Decades of Experience

    Attorney Evan Hoffman has over two decades of experience fighting for the accused.

  • Premier Criminal Defense Firm

    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.

  • Proven Track Record

    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.

  • Florida Former State Prosecutor

    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.

  • Free Initial Consultation

    We offer free initial consultations to ensure that we have your best interests in mind.

Hear it From Our Clients

Read What Past Clients Had to Say
  • “As busy as he is, I was always able to get a hold of him. He provided me his personal cell phone and I was always able to text him if I had any questions.”

    - John
  • “Evan was able to get all my charges dismissed and now 6 months after the worst mistake of my life (getting arrested), Evan was able to give me my life back.”

    - Stacy
  • “I cannot say enough great things about Evan and his staff. He helped me and he will help you too. Call Evan if you are ever in legal trouble.”

    - Armando
  • “I know that I am grateful for all of Evan's hard work and can without a doubt recommend him to my friends, family and all of those out there on the world wide web.”

    - Joshua
  • “If anyone is ever arrested or even under investigation, I can assure you the only person you need to call is EVAN!”

    - John
/

Start Your Defense

Schedule Your Free Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.

Record Of Success

Aggressive Traffic Ticket Defense
  • Charges Dropped Felony Possession of a Firearm

    Our client was arrested for possession of a firearm by a convicted felon and grand theft of a firearm.

  • Not Guilty Felony Sexual Battery

    Client was arrested for sexual battery and case went to trial. In less than 30 minutes the verdict was not guilty.

  • Charges Dismissed Domestic Violence - Battery

    Mr. Hoffman was able to get all the charges dismissed before the case even went to arraignment.

/