Possession of Drug Paraphernalia

Possession of drug paraphernalia is a relatively common misdemeanor charge which often, but not always, accompanies a drug possession charge. Typical objects which are often classified as drug paraphernalia are pipes, water pipes, bongs, syringes, and scales. Because it is very difficult to prove that an object is possessed with the intention to facilitate drug use, Florida law specifies certain factors that should be considered in determining whether the object in question is drug paraphernalia. They are:

(1)  Statements by an owner or by anyone in control of the object concerning its use.

(2)  The proximity of the object, in time and space, to a direct violation of this act.

(3)  The proximity of the object to controlled substances.

(4)  The existence of any residue of controlled substances on the object.

(5)  Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this act. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.

(6)  Instructions, oral or written, provided with the object concerning its use.

(7)  Descriptive materials accompanying the object which explain or depict its use.

(8)  Any advertising concerning its use.

(9)  The manner in which the object is displayed for sale.

(10)  Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor of or dealer in tobacco products.

(11)  Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.

(12)  The existence and scope of legitimate uses for the object in the community.

(13)  Expert testimony concerning its use.

If you or a loved one has been arrested for a drug paraphernalia charge in Florida, Call Mr. Edelstein today for a CONFIDENTIAL CONSULTATION at (877) 321-4545* or simply take a moment to fill out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry.

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(1)  Kits used, intended for use, or designed for use in the planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

(2)  Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

(3)  Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.

(4)  Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances.

(5)  Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.

(6)  Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances.

(7)  Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, cannabis.

(8)  Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances.

(9)  Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.

(10)  Containers and other objects used, intended for use, or designed for use in storing, concealing, or transporting controlled substances.

(11)  Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.

(12)  Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, hashish oil, or nitrous oxide into the human body, such as:

(a)  Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls.

(b)  Water pipes.

(c)  Carburetion tubes and devices.

(d)  Smoking and carburetion masks.

(e)  Roach clips: meaning objects used to hold burning material, such as a cannabis cigarette, that has become too small or too short to be held in the hand.

(f)  Miniature cocaine spoons, and cocaine vials.

(g)  Chamber pipes.

(h)  Carburetor pipes.

(i)  Electric pipes.

(j)  Air-driven pipes.

(k)  Chillums.

(l)  Bongs.

(m)  Ice pipes or chillers.

(n)  A cartridge or canister, which means a small metal device used to contain nitrous oxide.

(o)  A charger, sometimes referred to as a "cracker," which means a small metal or plastic device that contains an interior pin that may be used to expel nitrous oxide from a cartridge or container.

(p)  A charging bottle, which means a device that may be used to expel nitrous oxide from a cartridge or canister.

(q)  A whip-it, which means a device that may be used to expel nitrous oxide.

(r)  A tank.

(s)  A balloon.

(t)  A hose or tube.

(u)  A 2-liter-type soda bottle.

(v)  Duct tape.

History.--s. 1, ch. 80-30; s. 6, ch. 2000-320; s. 15, ch. 2000-360.

893.146  Determination of paraphernalia.--In determining whether an object is drug paraphernalia, a court or other authority or jury shall consider, in addition to all other logically relevant factors, the following:

(1)  Statements by an owner or by anyone in control of the object concerning its use.

(2)  The proximity of the object, in time and space, to a direct violation of this act.

(3)  The proximity of the object to controlled substances.

(4)  The existence of any residue of controlled substances on the object.

(5)  Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this act. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.

(6)  Instructions, oral or written, provided with the object concerning its use.

(7)  Descriptive materials accompanying the object which explain or depict its use.

(8)  Any advertising concerning its use.

(9)  The manner in which the object is displayed for sale.

(10)  Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor of or dealer in tobacco products.

(11)  Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.

(12)  The existence and scope of legitimate uses for the object in the community.

(13)  Expert testimony concerning its use.

History.--s. 2, ch. 80-30; s. 1445, ch. 97-102.

893.147  Use, possession, manufacture, delivery, transportation, or advertisement of drug paraphernalia.--

(1)  USE OR POSSESSION OF DRUG PARAPHERNALIA.--It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia:

(a)  To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter; or

(b)  To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

Any person who violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2)  MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.--It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used:

(a)  To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this act; or

(b)  To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this act.

Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)  DELIVERY OF DRUG PARAPHERNALIA TO A MINOR.--

(a)  Any person 18 years of age or over who violates subsection (2) by delivering drug paraphernalia to a person under 18 years of age is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b)  It is unlawful for any person to sell or otherwise deliver hypodermic syringes, needles, or other objects which may be used, are intended for use, or are designed for use in parenterally injecting substances into the human body to any person under 18 years of age, except that hypodermic syringes, needles, or other such objects may be lawfully dispensed to a person under 18 years of age by a licensed practitioner, parent, or legal guardian or by a pharmacist pursuant to a valid prescription for same. Any person who violates the provisions of this paragraph is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(4)  TRANSPORTATION OF DRUG PARAPHERNALIA.--It is unlawful to use, possess with the intent to use, or manufacture with the intent to use drug paraphernalia, knowing or under circumstances in which one reasonably should know that it will be used to transport:

(a)  A controlled substance in violation of this chapter; or

(b)  Contraband as defined in s. 932.701(2)(a)1.

Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5)  ADVERTISEMENT OF DRUG PARAPHERNALIA.--It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 3, ch. 80-30; s. 1, ch. 81-149; s. 54, ch. 83-215; s. 1, ch. 85-8; s. 223, ch. 91-224; s. 16, ch. 2000-360.

The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

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