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Florida Statute 893.146 | Lawyer Caselaw & Research
F.S. 893.146 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 893.146

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter
F.S. 893.146
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.

F.S. 893.146 on Google Scholar

F.S. 893.146 on Casetext

Amendments to 893.146


Arrestable Offenses / Crimes under Fla. Stat. 893.146
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 893.146.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 272 So. 3d 243 (Fla. 2019)

. . . . § 893.146, Fla.Stat. . . . Relevant factors. § 893.146, Fla.Stat. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 216 So. 3d 497 (Fla. 2017)

. . . . § 893.146, Fla. Stat. . . . Relevant factors. § 893.146, Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 191 So. 3d 291 (Fla. 2016)

. . . '§ '893.146, Fla.' Stat. . . .

CHANDLER, v. STATE, 185 So. 3d 1286 (Fla. Dist. Ct. App. 2016)

. . . . § 893.146, Fla. Stat. (2014). . . .

C. M. a v. STATE, 83 So. 3d 947 (Fla. Dist. Ct. App. 2012)

. . . In affirming the conviction for possession of drug paraphernalia, this Court stated “section 893.146 . . . found in close proximity to a controlled substance, a factor expressly to be considered under section 893.146 . . . See § 893.146(3) Fla. Stat. (2010) (“The proximity of the object to controlled substances.”). . . . See § 893.146(1) Fla. . . . Section 893.146, Florida Statutes (2010) provides in pertinent part: In determining whether an object . . .

UNITED STATES v. BERGIN,, 732 F. Supp. 2d 1235 (M.D. Fla. 2010)

. . . . § 893.146, an affidavit which states an officer observed "drug paraphernalia" states a conclusion and . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES NO., 969 So. 2d 245 (Fla. 2007)

. . . . § 893.146, Fla. Stat. . . . Relevant factors._ § 893.146, Fla. Stat. . . . Relevant factors. § 893.146, Fla. Stat. . . .

McKENZIE, v. STATE, 830 So. 2d 234 (Fla. Dist. Ct. App. 2002)

. . . (Crim.) 25.14; § 893.146, Fla. Stat. (2000). . . .

D. GOODROE, v. STATE, 812 So. 2d 586 (Fla. Dist. Ct. App. 2002)

. . . Section. 893.146(4), Fla. . . .

A. TOWNSEND, v. STATE, 781 So. 2d 541 (Fla. Dist. Ct. App. 2001)

. . . , intended for use, or designed for use in packaging small quantities of controlled substances”); § 893.146 . . .

GRADY, v. STATE, 753 So. 2d 744 (Fla. Dist. Ct. App. 2000)

. . . . § 893.146, Fla. Stat. (1997). . . . However, section 893.146 does not require that a defendant be convicted of possession of the nearby illegal . . .

SUBUH, v. STATE, 732 So. 2d 40 (Fla. Dist. Ct. App. 1999)

. . . or jury to evaluate in determining whether an object is drug paraphernalia is set forth in section 893.146 . . . Section 893.146, Florida Statutes (1997), provides: Determination of paraphernalia In determining whether . . .

STANDARD JURY INSTRUCTIONS- CRIMINAL CASES NO., 603 So. 2d 1175 (Fla. 1992)

. . . Relevant factors F.S. 893.146 In addition to all other logically relevant factors, the following factors . . .

BAGGETT, v. STATE, 562 So. 2d 359 (Fla. Dist. Ct. App. 1990)

. . . Section 893.146, Florida Statutes (1987) sets forth the factors which a trial court, a jury, or other . . . scope of legitimate uses for the object in the community. (13) Expert testimony concerning its use. § 893.146 . . .

McCRAY, v. STATE, 531 So. 2d 408 (Fla. Dist. Ct. App. 1988)

. . . Section 893.146 sets out factors to be considered in determining whether an object is drug paraphernalia . . .

FLORIDA BUSINESSMEN FOR FREE ENTERPRISE, v. CITY OF HOLLYWOOD, FLORIDA BUSINESSMEN FOR FREE ENTERPRISE, a a Co. a v. STATE OF FLORIDA, a, 673 F.2d 1213 (11th Cir. 1982)

. . . Section 21-80B in the ordinance and section 893.146 in the statute lists fourteen and thirteen indicia . . . Hollywood, Fla., Ordinance No. 0-80-15, § 21-80B(11) (Feb. 20,1980) (emphasis added); accord Fla.Stat. § 893.146 . . . (m) Ice pipes or chillers. 893.146 Determination of paraphernalia In determining whether an object is . . .

FLORIDA BUSINESSMEN FOR FREE ENTERPRISE, a a Co. a v. STATE OF FLORIDA, a a, 499 F. Supp. 346 (N.D. Fla. 1980)

. . . . §§ 893.145, 893.146, Fla. Stat. (Supp.1980). . . . It merely lists, in Section 893.146, various relevant factors to consider. . . . Section 893.146 is constitutional. . . . control; creating s. 893.145, Florida Statutes, defining the term “drug paraphernalia”; creating s. 893.146 . . . Section 893.146, Florida Statutes, is created to read: 893.146 Determination of paraphernalia.In determining . . .