Are Scales Considered Drug Paraphernalia in Florida?

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, possession of a controlled substance (illegal drugs) is generally a felony offense. But if someone is discovered with items that law enforcement connects with the use or intended use of the illegal substance(s), someone may also be charged with use or possession with intent to use drug paraphernalia (Fla. Stat, 893.147).

Florida law defines drug paraphernalia as any item or object used, intended to be used, or designed to be used for a drug-related purpose. These include:

•  Planting, cultivating, growing, harvesting, manufacturing, preparing, testing, analyzing, storing, containing, concealing, or packing a controlled substance, or;
• Injecting, ingesting, inhaling or introducing any controlled substance into the human body

It is widely believed that for someone to be charged with use or possession with intent to use drug paraphernalia, they must have an item that is designed to facilitate use of illegal substances, such as a bong or a crack pipe. But this is mistaken. Common household items with alternative uses can be charged as paraphernalia if connected to illicit drug use or distribution.

One such item is a scale. Scales are sometimes seized along with drugs and used as the basis for a drug paraphernalia charge. Scales are everyday household items and widely owned by the general public. However, they can also be considered drug paraphernalia.

But when is a scale considered drug paraphernalia? This blog will explore when a scale crosses from an innocent household item to unlawful drug paraphernalia under Florida law.

For someone to be guilty of use or possession with intent to use drug paraphernalia, the following must be proven beyond a reasonable doubt:

• The defendant knew of the paraphernalia’s presence and had the ability to control it, or physically possessed it (having it in their hands or within their immediate reach)
• The defendant knew the item was drug paraphernalia as defined under Florida law
• The defendant used or intended to use the item as such
• The item qualifies as drug paraphernalia under Florida law

Possession of drug paraphernalia is considered a first-degree misdemeanor in Florida. It is punishable by up to 1 year in jail and a $1,000 fine.

A common question is – what factors do Florida courts use in evaluating whether a scale (or other item) actually qualifies as paraphernalia?

Fla. Stat. 893.146 provides that all of the following are to be taken into account:

• Statements made by the alleged owner or person in control of the item
• The proximity of the item to controlled substances or violations of drug laws (e.g. if the item is positioned right next to drugs, this may be a strong indicator)
• Presence or absence of controlled substances or residue on the item
• Evidence of intent to use the object as part of manufacture or delivery of the substance (e.g. a text saying, “I’m weighing the marijuana now”)
• Instructions or descriptive materials accompanying the object (e.g. materials explaining how to use it to consume or manufacture drugs)
• Advertising concerning the product’s use
• The manner in which the item is or was displayed for sale (e.g. for a lawful purpose, or advertised as drug-related)
• Whether the owner of the item is a legitimate supplier of similar items (e.g. a scale manufacturing company)
• The ratio of sales of the object to the total sales of business 
• The existence and scope of legitimate uses for the object in the community
• Expert testimony regarding the alleged use of the item in the case

It is clear that scales are items that have legitimate uses in the community and thus, are less likely to immediately qualify as paraphernalia if a scale’s owner is arrested for drugs.But if the alleged owner of the scale makes statements connecting it to use or intended use in drug activity, or the scale is found in very close proximity to controlled substances, a scale may be considered paraphernalia. 

Florida’s courts have specifically discussed the issue of scales in drug paraphernalia cases. If the State fails to produce any evidence that a scale was used, intended for use, or designed for use in weighing controlled substances, a scale cannot be deemed drug paraphernalia as a matter of law. Williams v. State, 529 So.2d 345 (Fla. 1st DCA 1988)

However, courts have made clear if residue is found on a scale, this can be a critical factor in the court finding that a scale qualifies as paraphernalia. This is because residue serves as a physical connection between the scale and the alleged controlled substances. Moore v. State, 295 So.3d 1259 (Fla. 2d. DCA 2020)

Proximity to a controlled substance can also serve as grounds for a scale to be considered drug paraphernalia in Florida. In Chandler v. State, Florida’s 5th District Court of Appeal upheld the appellant’s conviction because the scale was found in proximity to marijuana and cocaine and a detective testified the scale was used for weighing drugs. Chandler v. State, 185 So.3d 1286 (Fla. 5th DCA 2016)

The type of scale may also be relevant. Though all scales have general use value aside from simply weighing drugs, a bathroom scale (placed on the ground, designed to weigh a person) is less likely to be considered paraphernalia than a smaller digital scale, especially found in a location with drugs. 

If someone is accused of possession of drug paraphernalia (including if charged with having a scale that was used or intended to be used in drug-related activity), there are many defenses available. These include:

• Lack of knowledge of the item (if not found in the direct possession of the defendant)
• Lack of dominion or control over the item (must be established if State proceeds on a theory of constructive possession, per (Nugent v. State, 275 So.3d 721 (Fla 2d. DCA 2019))
• Unlawful search or seizure (motion to suppress)
• Insufficient evidence that the item is paraphernalia (e.g. lack of residue, lack of proximity to drugs, lack of evidence of drug use or distribution)
• Temporary possession/lack of intent to use (e.g. a parent discovering their teenager’s bong and storing it in their room before disposing of it)
• Alibi/mistaken identity (especially if only eyewitnesses connect someone to the alleged paraphernalia, without concrete evidence)
• Mere proximity (insufficient as a matter of law for conviction without other evidence, per Brown v. State, 428 So. 2d 250 (Fla. 1983))
• Medical marijuana (if someone is properly licensed and the item is connected only to personal use)
• Entrapment (if law enforcement action led to possession)

In sum, a scale can be considered drug paraphernalia in Florida under certain circumstances. A scale is not automatically drug paraphernalia if discovered in a location where drugs are present. However, if certain evidence is provided that links the scale to drug activity, a scale can count as drug paraphernalia in Florida.

The State must prove the scale is paraphernalia beyond a reasonable doubt. Evidence commonly used may include drug residue found on the scale, a scale being found in close proximity to a controlled substance, expert testimony regarding its alleged use, and more. 

A scale is less likely to be “automatically” considered paraphernalia compared to certain other items (e.g. crack pipes). As scales are everyday items with legitimate uses, an experienced and aggressive Florida criminal defense attorney can examine potential weaknesses in the State’s drug paraphernalia case.

If someone is concerned about a charge of possession of drug paraphernalia, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy jail or prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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