What is Possession of Drug Paraphernalia in Florida?

In Florida, Possession of Drug Paraphernalia is a first degree misdemeanor. In addition to fines, court costs, treatment, and other requirements, you can receive up to 1 year county jail.


To prove the crime of Possession of Drug Paraphernalia, the State must prove the following two elements beyond a reasonable doubt:

  1. The Defendant knew of the presence of drug paraphernalia.

  2. The Defendant used the drug paraphernalia or possessed the drug paraphernalia with intent to use it to: plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal a controlled substance; or inject, ingest, inhale or introduce a controlled substance into the human body.


As you can see, most anything can be deemed to be drug paraphernalia depending on how the object is used. Despite this broad definition, we see this crime charged most often for needles/syringes, pipes, plastic baggies, and scales.

If you are a loved one has been charged with this serious crime, please contact us today for a free consultation!