Drug paraphernalia is a first-degree misdemeanor, and it would technically include anything that was used or that could be used to inject an elicit substance. It could be anything like a pipe from a smoke shop, or even an apple the person had in their fridge if it had been used in a way that was meant to use drugs.
Examples of common objects that are used for paraphernalia include taking insulin needles from a diabetic and using it to inject illicit drugs, or a pipe from a smoke shop and using it to smoke marijuana.
A person can technically be charged with having paraphernalia if they had a spoon with some burn marks that had some heroin residue. The plastic casing of a pen that had been used in some drug activity or an apple that had been used to smoke marijuana can also be considered paraphernalia.
How Does The Prosecution Or Police Go About Proving Something Is Drug Related?
Anybody can have a spoon, but if the spoon had burn marks and heroin residue, then that may be the difference between the spoon and paraphernalia.
Anybody can have a plastic bag but if the plastic bag smelled like drugs, or it looked like it was recently used, it would go to a lab and if they were able to prove there were remnants or traces of drugs, then that plastic bag could be considered paraphernalia.
If somebody made a bong out of an apple and there was marijuana residue in that, then that would also be considered paraphernalia.
What Kind Of Testing Would Be Done?
It would not always have to go to the lab for testing, because obviously if there was a large amount of marijuana found in a car and there were empty plastic bags nearby and a few remnants of marijuana, then without even lab testing, the police officer maybe able to arrest the individual for paraphernalia using defense admissions, portable drug tests or a combination.
For more information on Drug Paraphernalia In Saint Petersburg, Florida, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (727) 286-6141 today.Have you or a loved one been arrested for possession of a controlled substance or possession of paraphernalia? Then call the Clearwater criminal defense lawyers at Blake & Dorsten, P.A. today!
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