Possession of Drug Paraphernalia Defense Attorney to Fight your South Florida Charge

Drug Paraphernalia includes anything used to make or use drugs and can have steep consequences in Fort Lauderdale so you should hire a criminal defense attorneyFacing charges for possession of drug paraphernalia in Florida can be very difficult to withstand - you might not know what’s going to happen next, or with your case. Rossen Law Firm is here to help educate and guide you through this unfamiliar territory. 


What is the crime of Possession of Drug Paraphernalia? 

Drug paraphernalia is a term that encompasses any equipment, product or accessory that is intended for making, using, or concealing drugs. Drug paraphernalia is typically for personal use.


More specifically, the Florida Statute defines drug paraphernalia as all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, transporting, injecting, ingesting, inhaling, or otherwise introducing the human body to a controlled substance.



The charge of possession of drug paraphernalia is often linked to another simple drug possession charge. Even if it isn’t, it still has the harsh penalty of an automatic first-degree misdemeanor, the highest level of a misdemeanor. 


If you are in possession of drug paraphernalia, the crime of possession of drug paraphernalia is a first-degree misdemeanor. A first-degree misdemeanor carries consequences of up to 1 year in jail and fines of up to $1,000. If you also are in possession of a controlled substance, that will be an additional charge with its own consequences.

Learn about more Florida Drug Crime Penalties here.

Under Florida law, a person is prohibited from being in actual or constructive possession of a controlled substance unless the substance was lawfully and legally obtained from a practitioner who provided a valid prescription in good faith of their professional practice.


Actual Possession:

  • Many people associate possession as the definition of actual possession when actually there are different types of having ownership over something.
  • Actual possession is defined as having physical and direct contact or control of an object. 
  • Examples of actual possession include having a controlled substance in your hand or in your pocket. 
  • There are no mandatory minimum prison sentences for those charged with actual possession of drug paraphernalia. 

Constructive Possession:

  • Constructive possession is a lot more complicated because certain elements need to be proven prior to finding a defendant guilty of constructive possession. 
  • Constructive possession is defined as a defendant’s knowledge of the controlled substance and their ability to secure control over the item despite not being in close proximity.
  • Examples of constructive possession include storing a controlled substance in the trunk of your car or packaged narcotics in your bedside drawer. 
  • There are no mandatory minimum prison sentences for those charged with constructive possession of drug paraphernalia. 


If you’re facing a charge for possession of drug paraphernalia, we are here for you. Rossen Law firm is the most compassionate and hard-working law firm. We have extensive experience and provide all our clients with compassionate and expert defense so they can feel secure that they chose the right attorney. 


We believe individuals who are charged with possession of drug paraphernalia are not criminals. We understand that situations happen and we believe that bad things can happen to good people. 


Give our office a call if you’re facing charges for possession of drug paraphernalia. We are here to act as your shield against any and all of your criminal drug charges. One situation and moment in your life shouldn’t have the power to ruin your life- and we work hard to make sure it does not. 


Possession of Drug Paraphernalia Defenses

  • Illegal Search and Seizure: This defense can be used if law enforcement officers use their power incorrectly and illegally require individuals to submit to a vehicle, home, or body search.  Rossen Law Firm could prove that they illegally searched your property and once we file what is called a “motion to suppress” to the clerk, the courts will suppress the evidence as having been illegally collected.
  • Possession: One of the most important factors of a drug paraphernalia case is proving the person charged with the offense was in control of the item. Your defense attorney can argue that you were not in possession under the Florida Statute of the drug paraphernalia. 
  • Find the legal definition of possession on our drug crime page.

Free Possession of Drug Paraphernalia Criminal Defense Strategy Session 

Ever heard the saying, “the best things in life are free”? Well, I guess that makes sense in this case -  because we’re one of the best criminal defense attorneys in South Florida. 


We offer  FREE strategy sessions and show you how we will work together to get the best outcome for your case. 


Give us a call today: