What is “Drug Paraphernalia” under Florida’s Drug Laws

Possession of Paraphernalia in JacksonvilleAs a Jacksonville drug defense lawyer, I have seen people arrested for all kinds of Jacksonville drug crimes under Florida’s drug laws.  These criminal cases range from misdemeanor Jacksonville possession of less than 20 grams of marijuana to felony Jacksonville possession of cocaine.  In some cases, people have been arrested for possessing large quantities of drugs, so they are charged with trafficking drugs in Jacksonville.  As a lawyer in Jacksonville, I think that Jacksonville possession of drug paraphernalia is an awkward Florida drug law.  It’s seems as though police officers can believe anything is drug paraphernalia.  The Florida drug law that covers possession of drug paraphernalia is Florida Statute 893.145, and it is given below.  Although the Florida law lists almost every item in the book as drug paraphernalia, this drug law requires the item to be “used, intended for use, or designed for use”  to prepare or place the controlled substance into the body.  If you have been arrested for a drug charge in Florida or you are being charged with Jacksonville possession of paraphernalia, contact a Jacksonville drug lawyer for help.  At 20 Miles Law, a Jacksonville criminal defense attorney will talk to you about defending your case.  Call 20 Miles Law at (904) 564-2525 or email with Find a Lawyer.

893.145  “Drug paraphernalia” 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, transporting, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter or s. 877.111. Drug paraphernalia is deemed to be contraband which shall be subject to civil forfeiture. The term includes, but is not limited to:

(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.

 

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