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What you should know about drug paraphernalia

When it comes to the subject of illegal drugs, a lot of people in Florida generally only pay attention to the possessing of drugs alone. However, many Florida residents may not be aware of the prohibitions on drug paraphernalia. According to Findlaw, individuals may be arrested for possessing drug paraphernalia without actually having the drugs themselves.

Basically, drug paraphernalia consists of items and devices that are used to cultivate or prepare illicit drugs. Drug paraphernalia can include many ordinary household items, so it is important to note that merely possessing such items, like spoons and scales, is not a crime. The determining factor for illegality is often the context in which these items are used. For example, if a bong was used to smoke tobacco and has no illegal substance residue on it at all, the owner is unlikely to be charged with paraphernalia possession.

Florida state law lays out in detail what can considered drug paraphernalia. State law forbids a person to possess kits that are intended for or designed to manufacture a controlled substance, include any method of growing, harvesting, actively producing or prepping the substance. Also, banned paraphernalia includes devices that are intended to increase the potency of a controlled substance, including isomerization devices. Other banned paraphernalia is used to test illicit substances for strength and purity, or weighs and measures such substances.

Florida law also forbids the use or intended use of substances that can dilute or alter an illicit drug. These include, but are not limited to, dextrose, mannite, caffeine, quinine hydrochloride, lactose, and dimethyl sulfone. Additionally, state law forbids the use of carrier mediums of illicit substances. Marshmallow leaf, damiana leaf and mullein leaf are sometimes used in this way.

Other drug paraphernalia or banned uses thereof can include:

  • Sifters and separation gins for the refining of cannabis
  • Mixing devices intended to compound a controlled substance
  • Containers used to package small amounts of illicit drugs
  • Containers intended to conceal or transport controlled substances

Finally, Florida statute specifies that devices used or intended to be used for injecting or ingesting controlled substances into the body are also considered contraband. A hypodermic syringe or a needle, for example, is frequently used to inject substances. People may also ingest illicit drugs by smoking it with the use of pipes. These pipes may be made of any variety of materials, like metal, glass, plastic, wood or ceramic. Other accessories to drug usage, like roach clips, charges, and carburetion masks, may apply.

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Ian F. Mann, P.A.
1424 Dean Street
Fort Myers, FL 33901

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Phone: 239-935-5935
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