Your lawyer will also figure out whether you were subjected to any unlawful searches or seizures that led to the arrest. Florida drug laws not only cover unlawful possession and use of controlled substances, but also objects used to take drugs and enable illegal drug activity.Drug paraphernalia is deemed to be contraband which shall be subject to civil forfeiture. The person used or intended to use the paraphernalia for an unlawful purpose. Actual Possession vs. The person used or intended to use the paraphernalia for an unlawful purpose. Actual Possession vs. Florida Statute 893.13(6)(a) makes it unlawful for anyone to possess a controlled substance unless it was lawfully obtained from a medical practitioner. If the item was seized in an unlawful police search, for example, the defense may argue in a motion to suppress that the prosecution cannot use it at trial. Standard Jury Instruction 3.6(n).