Florida Drug Paraphernalia Charges

Orlando Drug Arrest Attorneys

In the State of Florida, not only can you be charged if you are found to be in possession of illegal drugs, but you can also be charged with the possession of drug paraphernalia. That means that being in possession of any item used in the use of illegal drugs such as needles, pipes, growing materials or packaging related to drug use can result in your arrest. Virtually anything that is used in the process of taking illegal drugs qualifies as drug paraphernalia under Florida law. However, some of the more common objects that are classified as drug paraphernalia include bongs, pipes, scales and syringes.

Florida Possession of Drug Paraphernalia Penalties

Section 893.145 of the Florida Statutes classifies possession of drug paraphernalia as a first degree misdemeanor with penalties up to:

  • 1 Year of Probation
  • 12 Months in Jail
  • $1,000 Fine

Paraphernalia possession is often accompanied by possession of controlled substance charges. Due to this, the judge will usually require random drug screenings and completion of a drug treatment program when the defendant is placed on probation.

Possession of Drug Paraphernalia Defenses

Common defenses used against drug paraphernalia possession charges include procedural defenses such as those that are typically used in any criminal case to try to get the charges dismissed.

Recent Case Result

Possession of Marijuana

Attorney Zahra Umansky represented a client charged with possession of cannabis under 20 grams & possession of drug paraphernalia – both carry a potential maximum penalty of 1 year in jail, 1 year probation & $1000 fine. Attorney Umansky was able to negotiate a plea offer for her client that was for a fine and court costs only. Attorney Umansky was able to prevent her client from being convicted on the possession of cannabis charge which carries a two-year driver’s license suspension.

However, there are also defenses unique to drug paraphernalia charges such as “constructive possession.” This means that it must be proven that you knew the drug paraphernalia was on the premises, and also that the paraphernalia was under your control. To prove this, the prosecution will assess several factors, such as:

  • Did the defendant make any statements about the paraphernalia?
  • Was the paraphernalia found near a controlled substance?
  • Was any drug residue found on the object?

Another avenue of defense is claiming illegal search and seizure. This is an attempt to show that the police acted beyond their legal authority in the search that produced the paraphernalia. The arresting officer must be able to show that they had probable cause to search for the paraphernalia in the first place.

A less common defense is the so-called “overdose defense” in which the paraphernalia was obtained in the context of a medical emergency such as a drug overdose. In drug paraphernalia cases context is everything. It is simply not possible to provide a one size fits all appraisal of what kind of legal response is necessary in every instance.

Arrested With Drug Paraphernalia in Florida?

If you have been charged with possession of drug paraphernalia in Orlando, we highly recommend that you contact our drug defense attorneys for a free case review where we can explain your charges and help your prevent this incident from affecting your future. Call us today at 407-228-3838.

Recent Criminal
Case Results

Burglary of Dwelling; Petit Theft

Withhold with 6 months probation and impulse control; adjudication withheld

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

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Nolle Prosequi - Case Dropped


Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed


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Not Guilty

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Case Dropped

Motion to Modify and Impose a Withhold of Adjudication


Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped


Reduced to reckless driving

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Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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