Drug Paraphernalia Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. He has defended people in tax fraud, bank fraud, wire fraud, drug-trafficking, and money-laundering cases. Our office answers 24 hours a day.

What Counts as Drug Paraphernalia

Florida defines paraphernalia as equipment, products, and materials used, intended for use, or designed for use with a controlled substance in violation of the drug laws: to grow, make, package, store, hide, or use it. The statute lists examples, from scales and baggies to pipes, bongs, and chillums.

One exception matters today: testing products used only to check whether a drug contains fentanyl, certain fentanyl analogues, or xylazine are excluded from the testing-equipment category, unless the product can measure quantity, weight, or potency. Xylazine tests were added effective July 1, 2026.

The Charges and the Penalties

• Using or possessing paraphernalia with intent to use it: first-degree misdemeanor (up to 1 year). See Elements, 25.14.
• Delivering, or possessing or making it with intent to deliver, knowing or when you reasonably should know it will be used with drugs: third-degree felony (up to 5 years and a $5,000 fine). See Elements, 25.15.
• Retail sale: knowingly and willfully selling, or offering to sell, at retail certain listed items, other than a pipe made primarily of briar, meerschaum, clay, or corn cob: first-degree misdemeanor; a second or later violation is a third-degree felony.
• Delivery to a minor: a person 18 or older who delivers paraphernalia to someone under 18, knowing or when he or she reasonably should know it will be used with drugs: second-degree felony (up to 15 years and a $10,000 fine).
• Selling syringes or needles to a minor: first-degree misdemeanor, with exceptions for licensed practitioners, parents or guardians, and pharmacists filling a valid prescription.

What the State Must Prove

Retail Sale of Drug Paraphernalia (Fla. Std. Jury Instr. (Crim.) 25.15(a); see our Elements page): you knowingly and willfully sold or offered for sale at retail one or more objects defined as paraphernalia, and the object was one of the listed types: certain pipes (metal, wooden, acrylic, glass, stone, plastic, or ceramic), water pipes, carburetion tubes and devices, chamber pipes, carburetor pipes, electric pipes, air-driven pipes, chillums, bongs, or ice pipes or chillers.

Delivery of Drug Paraphernalia to a Minor (25.16; Elements page): you delivered paraphernalia to the person named; you knew or reasonably should have known it would be used with a controlled substance; and at the time you were 18 or older and the other person was under 18.

The retail-sale instruction lists factors the jury considers in deciding whether an object is paraphernalia. They include how it was displayed for sale, whether the seller is a legitimate supplier of similar items such as a licensed tobacco dealer, how much of the store's sales the item makes up, any residue, and the legitimate uses for the object in the community.

Defense Themes

• Is it really paraphernalia? Many of these items have lawful uses. The factors above can cut for the defense.
• Knowledge and willfulness. Retail sale requires a knowing and willful sale or offer.
• The pipe exception. The statute carves out pipes made primarily of briar, meerschaum, clay, or corn cob.
• Age and delivery. For the minor charge, the State must prove an actual delivery and both people's ages.
• The search. Possession cases often rise or fall with the stop or search. See Motions to Suppress.

What to Do First

1. Do not explain the merchandise to police or agree to a search. Ask for a lawyer.
2. Keep business records: licenses, invoices, supplier information, and how items were displayed.
3. Call us. If you own or manage a store, call before you talk to investigators. See Drug Crimes Defense.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012 in state and federal court.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is a fentanyl test strip paraphernalia?

Florida excludes testing products used only to detect fentanyl, certain fentanyl analogues, or xylazine, unless the product can measure quantity, weight, or potency.

Can giving paraphernalia to a teenager really be a felony?

Yes. An adult who delivers paraphernalia to someone under 18, knowing or when he or she reasonably should know it will be used with drugs, commits a second-degree felony.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.