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What is drug paraphernalia?

It is a crime in Florida to have drug paraphernalia in your possession. However, what is meant by this phrase is not always crystal clear. The Florida Statutes outline items that are considered drug paraphernalia under the law. Specifically, any item that is used to grow, create, cultivate, process, package or use drugs falls under this umbrella. 

In some cases, simple items that may have many uses beyond drug can be considered paraphernalia. For example, scales, which some people may use for measuring food, could also be used for measuring drugs, so they could be in this category. Other examples include a sandwich bag, which could be used to package and transport drugs, balloons, which could also be used to transport drugs, and even duct tape, which has many uses in the drug trade. However, generally, to be considered paraphernalia, there needs to be some evidence the item is used for drug activity. 

There are certain items that are almost always going to be drug-related. These include pipes, bongs and specific drug spoons. Other items, such as hypodermic needles, may have a medical use, but in many cases, are for administering drugs.  Growing kits are another item that may be used for non-drug purposes, but generally are easy to determine the use for because plants will be located with the grow kit. 

If a law enforcement officer finds you with drug paraphernalia, he or she can confiscate it because it is against the law to have it in your possession. You could even be arrested for having it. This information is for education and is not legal advice. 

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Ian F. Mann PA

1424 Dean Street
Fort Myers, FL 33901

Toll Free: 866-416-1488
Phone: 239-935-5935
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