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If you or someone you know has been arrested or charged with Possession of Drug Paraphernalia, call Tampa criminal attorney William B. Wynne at 813-532-5057 for a free consultation.

Possession of Paraphernalia, is a common misdemeanor that usually, but not always, accompanies a drug possession charge. Any object that is used with the intention to facilitate drug use can be classified as drug paraphernalia. Typical examples include pipes, bongs, syringes, rolling papers, and scales. Florida law mandates a list of certain factors that should be considered in determining whether an object is in fact drug paraphernalia. They are as follows:

  • Statements by an owner or by anyone in control of the object concerning its use.
  • The proximity of the object, in time and space, to a direct violation of this act.
  • The proximity of the object to controlled substances.
  • The existence of any residue of controlled substances on the object.
  • Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this act.
  • The innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.
  • Instructions, oral or written, provided with the object concerning its use.
  • Descriptive materials accompanying the object which explain or depict its use.
  • Any advertising concerning its use.
  • The manner in which the object is displayed for sale.
  • Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor of or dealer in tobacco products.
  • Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.
  • The existence and scope of legitimate uses for the object in the community.
  • Expert testimony concerning its use.

Defending Possession of Paraphernalia Cases:

When arrested and charged with any drug possession crime, including possession of paraphernalia, a skilled criminal defense lawyer can put the odds in your favor, and help you fight your case.  In any drug case, there may be important and effective defenses that can be asserted.  Because of the nature of the interaction between a suspected drug possessor and law enforcement officers, a motion to suppress evidence is sometimes a viable defense. A motion to suppress evidence illegally obtained is essentially a legal challenge to the basis for the seizure and/or confiscation of the contraband.  When a defendant files a motion to suppress evidence, he is essentially asserting that his or her constitutional rights were violated as a result of the way the police initiated the arrest and/or seizure.  If the defense attorney is successful in persuading the judge that a constitutional violation occurred, the judge will enter an order suppressing and excluding all evidence that resulted from the search or seizure.  This usually results in the dismissal of your case.

Possible issues that can lead to the suppression (exclusion) of evidence:

  • Did the police have sufficient legal grounds to stop you or your vehicle, conduct a pat down of your person, or a search of your vehicle?
  • Can the State Attorney prove that you were in constructive possession, or did the cannabis belong to someone else?
  • Were your rights violated in the execution of a search warrant?
  • Did the police read you your Miranda rights before conducting an interrogation and eliciting a confession or any other damaging testimony?
  • Was the marijuana within plain view or easy reach?
  • Was your consent to search freely and voluntarily given, or the product of coercion?
  • Did the scope of the search exceed the scope of the consent given?



The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.