Florida law states that it is a crime for any person to use, or to possess with intent to use, drug paraphernalia. So what constitutes drug paraphernalia? These include bongs, pipes, needles, vials, ziplock bags, even everyday items like spoons, bowls, blenders, straws, and sifters that are used to plant, propagate, cultivate, grow, harvest, manufacture, convert, compound, produce, process, ingest, inhale, or any other means that introduces a controlled dangerous substance to the human body.
As you can see, the law covers a whole lot of ground. So how does it determine that items are indeed drug paraphernalia and don’t serve a perfectly lawful purpose? The answer isn’t really that hard to understand. While it’s true that most of the items mentioned above may be used for lawful purposes, they may also be used for unlawful ones, that’s why the intent for which these items are bought, sold, or used is a huge determining factor in a criminal case involving possession of drug paraphernalia.
The reality is that as long as law enforcement and prosecutors do not have direct proof that these said items are being used for drug consumption, they will not have enough evidence for conviction. Without evidence, police officers and prosecutors can only speculate as to the use of these items, and with that, you and your criminal lawyer have a great chance of winning your case.