893.145 Drug Paraphernalia Defined
The Fort Lauderdale Defense Lawyer Bradford Cohen has experience in criminal cases of Drug Paraphernalia. You can be criminally charged with possessing syringes, rolling papers, pipes, bongs, straws, or anything else used to ingest or assist in ingesting illegal narcotics. There is a wide use of discretion when it comes to getting charged with this crime. Usually it is charged along with a criminal charge of possession of drugs or narcotics, but it does not have to be charged in such a manner. An officer may try and make an arrest if you have rolling papers on you. Just because you are arrested and charged with a crime does not mean you will be convicted. There are many defenses to the charge of possession of drug paraphernalia. Call our criminal defense law offices for your free consultation.
At Bradford Cohen Law, we get many questions from our criminal defense clients and prospective criminal client in regards to the pending Drug Paraphernalia charges against them. We like to keep our clients informed so they fully understand the legal significance of their situation. So, what does the Florida Law say in regards Florida Statute 893.145?
This wide-ranging statute defines "drug paraphernalia" as all items which are used, intended for use, or designed for preparing a drug/controlled substance to eventually be introduced into the human body in violation of Florida Statute 877.111. In other words, any device that helps facilitate the use of drugs.
Well, what does Florida Statute 877.111 say? It a list of chemicals in which many drugs stem from with a catchall provision which explains that it is illegal to use, have or sell any similar substances for the purpose of inducing a condition of intoxication.
OK, so which devices are considered drug paraphernalia? If you have never taken a look at the statute, one might be very surprised how wide ranging yet specific the statute can be. Fort Lauderdale/ Miami Defense Attorney Bradford Cohen wants you to be aware of what is considered drug paraphernalia as it may pertain to your specific case. Here are some examples what is considered drug paraphernalia, but if you need to discuss your criminal case in more detail please call 1888COHENLAW.
Drug Paraphernalia consists of, but is not limited to: Any apparatus used, planned for use, or constructed for use in the planting or harvesting of any species of plant which is a controlled substance or from which an illegal substance can be made. (This could be as ordinary as UV lights that are suspected to be used to grow Marijuana.) Drug apparatus could be any tools that are intended for use in increasing the effect or vigor of any controlled substance. (It could even be cow manure used to grow a plant that is an illegal material.) In addition, any items used to determine the strength, or purity of the illegal substances or intended for cutting the item, i.e. baby powder.
Criminal Attorney Bradford Cohen commonly gets asked the question are, “Are Scales and balances considered Drug Paraphernalia?” The answer is Yes. So long as it was used in weighing or measuring controlled items it will be considered Drug Paraphernalia.
Separation gins and sifters used, for refining marijuana are a more obvious form of Drug Paraphernalia. Some less obvious examples of Drug Paraphernalia are those that maybe be found in any home. These are the items that Defense Attorney Bradford Cohen gets asked about the most. These items usually are charged along with a criminal charge of possession of drugs or narcotics, but does not have to be. The statute lists but is not limited to a lot of house hold items such as, Blenders, bowls, containers, spoons, and mixing devices used for compounding drugs. Even Capsules, balloons, envelopes, and other containers that could be used in packaging small quantities of controlled substances. Essentially, any containers or other objects used storing, concealing, or transporting controlled substances can be considered Drug Paraphernalia.
In fact any item that is used or could be used for introducing marijuana, cocaine, hashish, hashish oil, or nitrous oxide into the human body are also considered Drug Paraphernalia. This could includes metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes.
Criminal Defense firm Bradford Cohen law, defend cases with individuals who have been criminally charged with possessing items or devices which can be used to ingest or assist in ingesting illegal narcotics. But that’s not all. Our attorneys cover a wide range of Drug Paraphernalia cases which includes possessing smoking and carburetion masks, Roach clips (objects used to hold burning material, such as Marijuana cigarettes that become too small be held in the hand) Miniature cocaine spoons, and cocaine vials, Chamber pipes or Carburetor pipes, Electric pipes, Air-driven pipes, Ice pipes or chillers, a cartridge or canister (which is a small metal device used to contain nitrous oxide) a charger, a whip-it, Even 2-liter- soda bottle or Duct tape.
For over 18 years we have assisted people to Our Criminal Lawyers at Bradford Cohen Law we want to help you in your Drug Paraphernalia case. We will aggressively fight the charges pending against you. Call our office at 1888COHENLAW to discuss your case and let our law firm use our years of experience in Criminal Defense assist you in obtaining a fruitful resolution to your case whether you are in the Fort Lauderdale, Miami, Dade or West Palm Beach areas.