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Is it illegal to have cigarette rolling papers in Florida?

Fort Myers, FL |

Arrested with cigarette rolling papers no drugs.Being charged with drug equipment .Is this ok?

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Attorney answers 4


No. Cigarette rolling papers are not by themselves drug paraphernalia.

Drug paraphernalia is thusly defined:

The term “drug paraphernalia” means all equipment, products, and materials of any kind
which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.

Plus, to prove the crime of drug paraphernalia, the State must prove beyond a reasonable doubt that the accused person possessed it with the intent to use it -- tough to do with no drugs.


Rolling papers without drugs, not against the law. Rolling papers with drugs; now its drug paraphernalia.

James Davis


Possessing rolling paper is not in and of itself illegal. Rolling paper is only paraphernalia if the State can prove it is being used with an illegal substance. If you were found with marijuana in a plastic baggie in your pocket and in the same pocket there was rolling paper then the poss. of paraphernalia charge may be appropriate.


There must be a nexus, or connection, between paraphernalia and drug activity. If you had a bag of marijuana AND rolling papers, you could be charged with paraphernalia. If just rolling papers, no. Rolling papers, without any indication that they are going to be used to roll marijuana cigarettes, are perfectly legal. They are sold at gas stations and supermarkets and are intended for rolling tobacco.

If the paper had been used and contained marijuana resin, that would constitute paraphernalia. But if you just had papers with no resin or anything on them, you cannot be charged.

Cops don't know the law. I bet the prosecutor throws this out at or before your arraignment.

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