The defendant was found with a “crack pipe” in his possession. Can the defendant be convicted of possession of drug paraphernalia? The “crack pipe” was of the type that could be used...

The defendant was found with a “crack pipe” in his possession. Can the defendant be convicted of possession of drug paraphernalia?

The “crack pipe” was of the type that could be used for smoking crack cocaine, but it could also be used for other purposes. Would it matter whether he bought the pipe or made it himself? Why or why not?

Asked on by matt09

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bullgatortail | High School Teacher | (Level 1) Distinguished Educator

Posted on

Although I am not a lawyer or law enforcement official, I know that a person can be charged and convicted of possession of drug paraphernalia in Florida. It may or may not be important if the pipe can be used to smoke by legal means. If an illegal substance is found along with the pipe, then the accused can be charged with possessing paraphernalia as well. It might be possible to avoid charges or conviction if no drugs were found along with the pipe; and if the pipe was new and showed no sign of residue. If residue of an illegal substance is found in the pipe, certainly the possession of paraphernalia charge could be substantiated.

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