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.
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