19 Types of Drug Paraphernalia in Florida

Posted on May 2, 2008 by Ron Chapman

According to Florida law, the term "drug paraphernalia" includes many different types of devices that can be used to consume or to make controlled substances such as cocaine, marijuana, and hashish.  This article contains a list of 19 such devices.

1.  Scales and balances used to weigh or measure controlled substances.

2.  Blenders, bowls, spoons, and mixing devices used to make controlled substances.

3.  Capsules, balloons, and envelopes that are used for packaging small amounts of controlled substances.

4.  Syringes and needles that are used to inject controlled substances into the human body.

Objects used or designed for use in ingesting or inhaling controlled substances into the human body including:

5.  Metal or wooden pipes.

6.  Water pipes.

7.  Smoking masks.

8.  Roach clips.

9.  Miniature cocaine spoons.

10.  Carburetor pipes.

11.  Electric pipes.

12.  Air-driven pipes.

13.  Bongs.

14.  A "cracker" which is a small metal or plastic device that contains a pin that may be used to expel nitrous oxide from a container.

15.  A "whip-it" which is a device that may be used to expel nitrous oxide.

16.  A tank.

17.  A hose or tube.

18.  A 2-liter-type soda bottle.

19.  Duct tape.

Given the fact that I drink quite a bit of soda from 2-liter soda bottles, number 18 on the list causes me a little concern.

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Drugs in Automobiles: Who's Guilty?

Posted on March 19, 2008 by Ron Chapman

When the police search a car and find drugs such as marijuana or cocaine, the person located closest to the drugs is often arrested even though there were other people located in the automobile just before the car was searched.  In that situation, the person who was arrested may well have a good argument that he is not guilty of possessing the narcotics if the prosecutor is unable to prove that he was in "constructive possession" of the drugs.

In order to prove that someone is in constructive possession of narcotics, a prosecutor in Florida must show that the accused individual:

1.  Had dominion and control over the drugs;

2.  Knew of its presence;

3.  Had the ability to maintain control over the narcotics; and

4.  Had knowledge of its illicit nature.

When drugs are found in a car containing more than one person, a jury is not permitted to simply infer that the accused individual knew about the presence of the narcotics nor is it permitted to infer that he had the ability to maintain control over the drugs.  Instead, the prosecution is required to present independent evidence that the individual knew about the presence of the narcotics and that he had the ability to maintain control over them.  Such evidence might consist of statements made by the accused to the police or evidence that that individual's DNA or fingerprints were located on the drugs.  But unless such evidence is presented at trial, the accused individual should be found not guilty.

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