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Home » Practice Areas » Drug Crimes

Tampa Possession of Drug Paraphernalia Attorney

Drug Paraphernalia includes all equipment, products, materials of any kind with intent for use, or created for use in planting, cultivating, harvesting, manufacturing, propagating, preparing, processing, concealing, testing, analyzing, containing, packaging, repackaging, transporting, compounding, converting, growing, ingesting, injecting, inhaling, or otherwise introducing the substance into the human body. Contact Joe Caimano today to create a stalwart defense for you or your loved one.

Drug paraphernalia may be acquired through various means. Many manufactures turn to the internet or to mail-order businesses to market and sell their products. Drug paraphernalia may also be acquired through tobacco shops, trendy gift or novelty sops, gas stations and convenience stores. Do not be fooled however, because owning drug paraphernalia is illegal even though it may easily be obtained.

Possession of Drug Paraphernalia is a common misdemeanor which often accompanies drug possession charges. Common items that are often included as drug paraphernalia are:

  • Bongs
  • Pipes (metal, acrylic, glass, stone, wooden, plastic, or ceramic)
  • Roach clips
  • Miniature spoons
  • Chillums
  • Cigarette Paper
  • Cocaine freebase kits
  • Water pipes
  • Scales and syringes
  • Hashish bongs
  • Hollowed out items such as cosmetic items or fake pagers
  • Smoking Masks
  • Vials

Identifying drug paraphernalia may be difficult because most products are often designed for legitimate purposes. For example, pipes and bongs carry a disclaimed indicating they are intended only for tobacco products. Florida law holds special factors that are used to determine if the item possessed will be used for drug use, because it may be difficult to determine these factors.

Some factors to be considered include:

  • Remnants of controlled substances on the item
  • Nearness of the item and the controlled substance
  • Proximity of the item, in time and space, to a direct breach of this act
  • Accusations by the possessor or any other individual in control of the item regarding the use of the item
  • Oral or written instructions provided with the item on how to use the item
  • Advertising the use of the item
  • Selling the item or intent of selling the item
  • Expert demonstration explaining the use of the item

Drug paraphernalia is deemed to be contraband which shall be subject to civil forfeiture. The term may include using kits or equipment, scales or balances, diluents and adulterants, separation gins and sifters, or any other equipment intended for use, or designed to use in manufacturing, compounding, producing, preparing, converting, or processing controlled substances.

Penalties for possessing drug paraphernalia include extremely harsh punishment including large fines, jail sentences and probation. The penalties for individual facing charges with intent to distribute will change a person’s life for years to come in a negative way, so it is vital to hire an experienced attorney like Joe Caimano.