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F.S. 893.147 on Google Scholar

F.S. 893.147 on Casetext

Amendments to 893.147


The 2021 Florida Statutes

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter
F.S. 893.147 Florida Statutes and Case Law
893.147 Use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials.
(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.
(6) RETAIL SALE OF DRUG PARAPHERNALIA.
(a) It is unlawful for a person to knowingly and willfully sell or offer for sale at retail any drug paraphernalia described in s. 893.145(12)(a)-(c) or (g)-(m), other than a pipe that is primarily made of briar, meerschaum, clay, or corn cob.
(b) A person who violates paragraph (a) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and, upon a second or subsequent violation, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(7) TABLETING MACHINES, ENCAPSULATING MACHINES, AND CONTROLLED SUBSTANCE COUNTERFEITING MATERIALS.
(a) Except as provided in paragraph (b), it is unlawful for any person to possess, purchase, deliver, sell, or possess with intent to sell or deliver a tableting machine, an encapsulating machine, or controlled substance counterfeiting materials knowing, intending, or having reasonable cause to believe that it will be used to manufacture a controlled substance or counterfeit controlled substance.
(b)1. A regulated person may possess, purchase, deliver, sell, or possess with intent to deliver or sell a tableting machine or encapsulating machine as part of a regulated transaction with a regular customer or regular importer if he or she is in compliance with 21 U.S.C. s. 830. For purposes of this paragraph, the terms “regulated person,” “regulated transaction,” “regular customer,” and “regular importer” have the same meanings as provided in 21 U.S.C. s. 802.
2. A person registered under 21 U.S.C. s. 822 may possess, purchase, deliver, sell, or possess with intent to deliver or sell a tableting machine or encapsulating machine to manufacture a controlled substance pursuant to such registration.
3. A person who holds an active, unencumbered license or a permit under s. 381.986 or chapter 465 may possess, purchase, deliver, sell, or possess with intent to sell or deliver a tableting machine or encapsulating machine to manufacture a controlled substance, if such person is performing functions in compliance with or under the authority of that license or permit.
(c) For purposes of this subsection, the term:
1. “Controlled substance” has the same meaning as provided in s. 893.02(4).
2. “Controlled substance counterfeiting material” means a punch, die, plate, stone, or other item designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon a drug or container or labeling thereof so as to render such drug a counterfeit controlled substance.
3. “Counterfeit controlled substance” has the same meaning as provided in s. 831.31(2).
4. “Encapsulating machine” means manual, semiautomatic, or fully automatic equipment that can be used to fill shells or capsules with powdered or granular solids or semisolid material to produce coherent solid tablets.
5. “Tableting machine” means manual, semiautomatic, or fully automatic equipment that can be used to compact or mold powdered or granular solids or semisolid material to produce coherent solid tablets.
(d)1. Except as provided in subparagraph 2., a 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.
2. Any person who violates this subsection knowing, intending, or having reasonable cause to believe that such action will result in the unlawful manufacture of a controlled substance or counterfeit controlled substance that contains:
a. A substance controlled under s. 893.03(1);
b. Cocaine, as described in s. 893.03(2)(a)4.;
c. Opium or any synthetic or natural salt, compound, derivative, or preparation of opium;
d. Methadone;
e. Alfentanil, as described in s. 893.03(2)(b)1.;
f. Carfentanil, as described in s. 893.03(2)(b)6.;
g. Fentanyl, as described in s. 893.03(2)(b)9.;
h. Sufentanil, as described in s. 893.03(2)(b)30.; or
i. A controlled substance analog, as described in s. 893.0356, of any substance specified in sub-subparagraphs a.-h.,

commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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; s. 1, ch. 2013-111; s. 49, ch. 2016-105; s. 13, ch. 2018-13.

Statutes updated from Official Statutes on: January 26, 2022
F.S. 893.147 on Google Scholar

F.S. 893.147 on Casetext

Amendments to 893.147


Arrestable Offenses / Crimes under Fla. Stat. 893.147
Level: Degree
Misdemeanor/Felony: First/Second/Third

893.147 1 - DRUG EQUIP-POSSESS - AND OR USE - M: F
893.147 2 - DRUG EQUIP-POSSESS - MANUFACTURE DELIVER - F: T
893.147 3a - DRUG EQUIP-POSSESS - PARAPHERNALIA DELIVER TO MINOR - F: S
893.147 3b - DRUG EQUIP-POSSESS - DELIVER SYRINGES NEEDLES TO MINOR - M: F
893.147 4 - DRUG EQUIP-POSSESS - USE POSS MFGR PARAPHERNALIA TO TRANSPORT DRUGS - F: T
893.147 5 - DRUG EQUIP-POSSESS - DRUG PARAPHERNALIA ADVERTISE - M: F


Civil Citations / Citable Offenses under S893.147
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 893.147.


Annotations, Discussions, Cases:

  1. Chicone v. State

    684 So. 2d 736 (Fla. 1996)   Cited 173 times
    § 893.147 (1), Fla. Stat. (1995):
    PAGE 738
  2. Flagg v. State

    74 So. 3d 138 (Fla. Dist. Ct. App. 2011)   Cited 292 times
    Flagg was charged with possession of a controlled substance in violation of section 893.13(6)(a), a third-degree felony, and possession of drug paraphernalia in violation of section 893.147(1)(b), a first-degree misdemeanor Flagg filed a motion to suppress the drugs and crack pipe on the basis that the stop was illegal. The trial court denied the motion, and Flagg thereafter pled no contest to the charges, reserving the right to appeal the denial of his dispositive motion to suppress. The trial court accepted the plea and sentenced Flagg to 24.975 months in prison for the possession offense and to time served for the paraphernalia offense. This timely appeal follows.
    PAGE 140
  3. Davis v. Williams

    451 F.3d 759 (11th Cir. 2006)   Cited 472 times
    Wilkerson was also searched and arrested for: (1) possession of crack cocaine, in violation of section 893.13(1)(f); (2) possession of cannabis, in violation of section 893.13(1)(g); (3) possession of illicit drug paraphernalia, in violation of section 893.147; and (4) obstruction of a law officer in the execution of his legal duties.
    PAGE 765
  4. M.M. v. State

    152 So. 3d 121 (Fla. Dist. Ct. App. 2014)   Cited 4 times
    The officers testified about the existence of the pipe and about the residue inside the pipe, but they failed to positively identify that residue as a controlled substance. See Goodroe, 812 So.2d at 587 ; see also T.E.D., III v. State, 627 So.2d 118 (Fla. 5th DCA 1993) (finding evidence insufficient to prove possession, as the “alleged paraphernalia tested negative for any controlled substance and the record is devoid of any evidence that appellant possessed it with intent to use it for the illegal purposes set forth in section 893.147(1) ”). As in T.E.D., the State failed to offer evidence that linked the pipe to an illegal substance or activity, and it likewise failed to establish the requisite intent required under section 893.147(1).
    PAGE 124
  5. State v. Bryant

    953 So. 2d 585 (Fla. Dist. Ct. App. 2007)   Cited 5 times
    In this direct criminal appeal, the appellant challenges an order by which the trial court granted the appellee's motion to dismiss a count of an information charging the appellee with using drug paraphernalia to transport cocaine in violation of section 893.147(4), Florida Statutes. The trial court's ruling was based upon its conclusion that section 893.147(4) is unconstitutional because the statutory term "transport" is overbroad and vague. We disagree, reverse the order under review, and remand this case to the trial court.
  6. J.V. v. State

    221 So. 3d 689 (Fla. Dist. Ct. App. 2017)   Cited 3 times
    At trial, however, the state prosecuted appellant on the theory that appellant used or possessed drug paraphernalia to "pack, repack, store, contain, or conceal" a controlled substance, which would be a violation of section 893.147(1)(a). Yet, as noted above, the state did not allege that element in the delinquency petition; nor did the state cite section 893.147(1)(a) in the petition. The petition was thus fundamentally defective as to Counts V and VI because those counts cited the wrong statutory provision and failed to allege an essential element of the crime for which appellant was tried. See Morgan v. State , 146 So.3d 508, 512 (Fla. 5th DCA 2014) ("[A] criminal defendant is entitled to a trial on the charges contained in the information and may not be prosecuted for uncharged offenses, even if they are of the same general character or constitute alternative ways of committing the charged offense."); see also Castillo v. State , 929 So.2d 1180, 1181 (Fla. 4th DCA 2006) ("It is a basic tenet of constitutional law that due process is violated when an individual is convicted of a crime not charged in the charging instrument.").
    PAGE 691
  7. Woodring v. Hart

    Case No. 6:14-cv-1067-Orl-37TBS (M.D. Fla. May. 12, 2015)
    Section 893.147(2) prohibits possessing and intending to sell drug paraphernalia under circumstances where the seller should reasonably know that it would be used to introduce nitrous oxide into the human body, whereas § 877.111 prohibits, inter alia, selling nitrous oxide itself in order to purposefully aid others' intoxicating inhalation of the substance. Compare Fla. Stat. § 893.147(2), with Fla. Stat. § 877.111(2).
    PAGE 3
  8. Florida Businessmen, Etc. v. City, Hollywood

    673 F.2d 1213 (11th Cir. 1982)   Cited 48 times
    The Hollywood and Florida Merchants also argue that the "reasonably should know" language in the sections defining substantive offenses is vague. The Hollywood ordinance prohibits the use, possession with intent to use, the delivery, the possession with intent to deliver, and the manufacture with intent to deliver drug paraphernalia "knowing or under circumstances where one reasonably should know" that the recipient will use the paraphernalia with controlled substances. Hollywood, Fla., Ordinance No. 0-80-15, § 21-82. The Florida Statute contains the same prohibitions. Fla.Stat. § 893.147( 2). Both laws further prohibit any advertising "under circumstances where one reasonably should know" that the purpose of the advertisement is to promote the sale of objects designed or intended for use with drug paraphernalia. Fla.Stat. § 893.147( 4) (Supp. 1982); Hollywood, Fla., Ordinance No. 0-80-15, § 21-83 (Feb. 20, 1980). Both trial courts in the instant case held the "reasonably should know" language constitutionally permissible. The Hollywood and State Merchants argue, however, that this constructive knowledge standard lacks a specific intent requirement and thus…
    PAGE 1219
  9. Florida Businessmen, Etc. v. State of Fla.

    499 F. Supp. 346 (N.D. Fla. 1980)   Cited 18 times
    The remaining parts of § 893.147 track the MDPA and fare better for it. Aside from their arguments about the definition of paraphernalia, Plaintiffs concede that the part of Section 893.147(2) prohibiting delivery, possession with intent to deliver, and manufacturing with intent to deliver of paraphernalia knowing the recipient will use the paraphernalia illegally is constitutional. But they argue the remainder, prohibiting the same acts "under circumstances where one reasonably should know" the recipient will use the paraphernalia illegally is unconstitutionally vague. They argue the statute holds a defendant accountable for a third party's actions. The New Jersey District Court agreed in Knoedler v. Roxbury Township, 485 F. Supp. 990 (D.N.J. 1980). It felt a similar law held a merchant or manufacturer responsible for inaccurate speculation. I disagree and find Section 893.147(2) constitutional.
    PAGE 353
  10. State v. Walthour

    876 So. 2d 594 (Fla. Dist. Ct. App. 2004)   Cited 24 times
    § 893.147(1), Fla. Stat.