DominickRusso, P.A.

2641 Airport Road South, Suite A108, Naples, Florida 34112 ♦ (239) 774-2500

Possession of Paraphernalia

Possession of paraphernalia is a first-degree misdemeanor. Paraphernalia is defined as equipment, products or materials of any kind that are used, or intended to be used or made for injecting, inhaling, ingesting, processing or preparing a controlled substance. The charge of paraphernalia is usually accompanied by a charge of possession of a controlled substance, such as marijuana.

Possession of paraphernalia (and possession of marijuana) have defenses such as, constructive possession, meaning was the paraphernalia found near you (in a car), and not in your actual possession? If the paraphernalia was not found in your actual possession (your pocket), you may have a defense of constructive possession which is more difficult for the State to prove.

Even if the drugs were found in your actual possession, you may have a defense based on whether the stop or seizure of your person was lawful. Often people are patted down for weapons, and that pat down turns into an unlawful search for evidence.
If you have questions about your Collier County criminal law case, send me a text.
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