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F.S. 893.145 on Google Scholar

F.S. 893.145 on Casetext

Amendments to 893.145


The 2021 Florida Statutes

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter
F.S. 893.145 Florida Statutes and Case Law
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, caffeine, dimethyl sulfone, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in diluting controlled substances; or substances such as damiana leaf, marshmallow leaf, and mullein leaf, used, intended for use, or designed for use as carrier mediums of 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 controlled substances, as described in s. 893.03, or substances described in s. 877.111(1) 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; s. 8, ch. 2016-105.

Statutes updated from Official Statutes on: January 26, 2022
F.S. 893.145 on Google Scholar

F.S. 893.145 on Casetext

Amendments to 893.145


Arrestable Offenses / Crimes under Fla. Stat. 893.145
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 893.145.


Civil Citations / Citable Offenses under S893.145
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 893.145.


Annotations, Discussions, Cases:

  1. Under Florida law, the term "drug paraphernalia" is defined in part as "[o]bjects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing . . . nitrous oxide into the human body." Fla. Stat. § 893.145. The term expressly includes: a "whip-it, which means a device that may be used to expel nitrous oxide"; a "cartridge or canister, which means a small metal device used to contain nitrous oxide"; 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"; and a "charging bottle, which means a device that may be used to expel nitrous oxide from a cartridge or canister." Id. § 893.145(12)(n)-(q).
    PAGE 2
  2. Moore v. State

    Case No. 2D18-1842 (Fla. Dist. Ct. App. May. 27, 2020)
    To explain why, we begin with the text of the statutes that create the offense of possession of paraphernalia with intent to use. Section 893.147(1)(b), Florida Statutes (2016), makes it a first-degree misdemeanor "to possess with intent to use[] drug paraphernalia" "[t]o inject, ingest, inhale, or otherwise introduce into the human body a controlled substance." The term "drug paraphernalia" is defined in section 893.145( 12) to include "[o]bjects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing controlled substances . . . into the human body." Section 893.145( 12) includes some specific items in this definition, such as pipes, bongs, cocaine spoons, chillers, tanks, balloons, and duct tape. To aid in determining whether an item is drug paraphernalia, section 893.146 identifies thirteen nonexclusive factors, which include things like the proximity of the object to controlled substances, descriptive materials accompanying the object, and the existence of legitimate uses for the object. To prove possession with intent to use, then, the State is required to introduce sufficient evidence showing both that the defendant…
    PAGE 9
  3. Florida Businessmen, Etc. v. State of Fla.

    499 F. Supp. 346 (N.D. Fla. 1980)   Cited 18 times
    § 893.145, Fla.Stat. (Supp. 1980). The law goes on to list generic examples of drug paraphernalia and some relevant factors to evaluate in determining if an object is drug paraphernalia. §§ 893.145, 893.146, Fla.Stat. (Supp. 1980).
    PAGE 351
  4. Moore v. State

    295 So. 3d 1259 (Fla. Dist. Ct. App. 2020)
    To explain why, we begin with the text of the statutes that create the offense of possession of paraphernalia with intent to use. Section 893.147(1)(b), Florida Statutes (2016), makes it a first-degree misdemeanor "to possess with intent to use[ ] drug paraphernalia" "[t]o inject, ingest, inhale, or otherwise introduce into the human body a controlled substance." The term "drug paraphernalia" is defined in section 893.145( 12) to include "[o]bjects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing controlled substances ... into the human body." Section 893.145( 12) includes some specific items in this definition, such as pipes, bongs, cocaine spoons, chillers, tanks, balloons, and duct tape. To aid in determining whether an item is drug paraphernalia, section 893.146 identifies thirteen nonexclusive factors, which include things like the proximity of the object to controlled substances, descriptive materials accompanying the object, and the existence of legitimate uses for the object. To prove possession with intent to use, then, the State is required to introduce sufficient evidence showing both that the defendant…
    PAGE 1265
  5. State v. Bryant

    953 So. 2d 585 (Fla. Dist. Ct. App. 2007)   Cited 5 times
    Section 893.145, Florida Statutes, defines drug paraphernalia as
  6. Conyers v. State

    164 So. 3d 73 (Fla. Dist. Ct. App. 2015)   Cited 2 times
    These cases are distinguishable because the “pipe” that the officer seized from Mr. Conyers is not similar to a traditional tobacco pipe. The paraphernalia in this case is a short glass tube of a variety that, over the last thirty years, has become known as a “pipe” because it is used to heat illegal drugs. The defendant suggests no common explanation for carrying such a glass tube in a pocket except for its role as a drug delivery system, and this court has not discovered any alternative common explanation. Thus, we hold that an experienced officer who identifies such a glass tube by plain feel can conclude, based on his or her prior experience and the totality of the circumstances at the time and place of the search, that it is more likely than not that the hard, cylindrical object is drug paraphernalia. See§ 893.145(12)(a), Fla. Stat. (2012) (defining a glass pipe, with or without a screen, as drug paraphernalia, which is “deemed to be contraband”).
    PAGE 77
  7. Grady v. State

    753 So. 2d 744 (Fla. Dist. Ct. App. 2000)   Cited 3 times
    Section 893.147(1), Florida Statutes (1997), makes it "unlawful for any person to use, or to possess with intent to use, drug paraphernalia," which is defined in section 893.145(5), Florida Statutes (1997), to include "[s]cales and balances used, intended for use, or designed for use in weighing or measuring controlled substances." The statutes provide the courts and juries with further guidance in determining whether an object is drug paraphernalia by listing thirteen nonexclusive factors which must be considered. § 893.146, Fla. Stat. (1997). These factors include:
    PAGE 745
  8. Williams v. State

    529 So. 2d 345 (Fla. Dist. Ct. App. 1988)   Cited 10 times
    I concur with the majority that the conviction must be reversed because the State failed to establish that appellant was in constructive possession of the items found in his apartment or that the triple beam balance scale appellant admitted owning fell within the purview of Sections 893.145 and 893.147, Florida Statutes. However, I do not subscribe to the majority's discussion of the general circumstantial evidence rule insofar as it implies that the State must present evidence which excludes "every" reasonable hypothesis of innocence. Similar terminology in the cases cited is limited by reference to the defendant's theories or hypotheses of innocence. These are the reasonable hypotheses of innocence that the State must exclude. Broughton v. State, 528 So.2d 1241 (Fla. 1st DCA 1988); Stemm v. State, 523 So.2d 760 (Fla. 1st DCA 1988). In the instant case, the specific rules governing proof of constructive possession control, as held in Stemm, supra at pages 761-762:
    PAGE 349
  9. Dubose v. State

    560 So. 2d 323 (Fla. Dist. Ct. App. 1990)   Cited 6 times
    Section 893.145(12) defines drug paraphernalia to include "[o]bjects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body or. . . ." A list of thirteen categories of such objects follows, none of which includes rolling papers.
    PAGE 326
  10. Subuh v. State

    732 So. 2d 40 (Fla. Dist. Ct. App. 1999)   Cited 3 times
    The statute, which specifically defines drug paraphernalia, lists glass pipes, with or without screens, as drug paraphernalia. See § 893.145(12)(a), Fla. Stat. (1997). The delivery of a glass pipe, or the manufacture or possession with the intent to deliver such an item, however, is not per se illegal. Rather, the State is required to demonstrate that the defendant knew or reasonably should have known that the paraphernalia was to be used for an illicit purpose. Interpreting section 893.147, Florida Statutes (1984), which is essentially the same as the version of the subject statute, the Fifth District opined:
    PAGE 43