Florida Statutes

Fla. Stat. § 893.145 (2025)

“Drug paraphernalia” defined.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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, excluding narcotic-drug-testing products that are used solely to determine whether a controlled substance contains fentanyl as described in s. 893.03(2)(b)9. or any other controlled substance specified in s. 893.135(1)(c)4.a. This exclusion does not apply to a narcotic-drug-testing product that can measure or determine the quantity, weight, or potency of a controlled substance.

(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.

(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; s. 1, ch. 2023-297.

Notes of Decisions

Cited in 40 cases, 1980–2020 · leading case: In Re Stand. Inst. in Crim. Cases (No. 2005-3), 969 So. 2d 245 (Fla. 2007).

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In Re Stand. Inst. in Crim. Cases (No. 2005-3), 969 So. 2d 245 (Fla. 2007). · cites it 5× “§ 893.145, Fla. Stat. 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,…”

Florida Businessmen for Free Enter. v. State, 499 F. Supp. 346 (N.D. Fla. 1980). · cites it 5× “§ 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.”

Florida Businessmen for Free Enter. v. City of Hollywood, 673 F.2d 1213 (11th Cir. 1982). · cites it 2× “The Drug Paraphernalia Laws The state head shop law, Fla.Stat. §§ 893.145-.147 (Supp.1982), like its city ordinance counterpart, is modelled after the Model Drug Paraphernalia Act (MDPA) (1975), drafted by the Drug Enforcement Administration of the United States Department of…”

Steele v. State, 561 So. 2d 638 (Fla. 1st DCA 1990). · cites it 2× “1st DCA 1988), the defendant was charged with a violation of section 893.145(5), Florida Statutes (1985), which makes it unlawful to possess scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.”

Dydek v. State, 400 So. 2d 1255 (Fla. 2d DCA 1981). · cites it 2× “NOTES [1] Section 893.145, Florida Statutes (Supp. 1980), effective October 1, 1980, comprehensively defines drug paraphernalia, and this definition includes all implements used or intended for use in storing or containing a controlled substance.”

State v. Bryant, 953 So. 2d 585 (Fla. 1st DCA 2007). · cites it 3× “Section 893.145, Florida Statutes, defines drug paraphernalia as all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, *587 manufacturing, compounding, converting,…”

Stand. Jury Instructions-Crim. Cases, 603 So. 2d 1175 (Fla. 1992). “[Page A-68] *1246 Drug The term "drug paraphernalia" means all equipment, Paraphernalia products, and materials of any kind which are used, F.S. 893.145 intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding,…”

Lang v. State, 671 So. 2d 292 (Fla. 5th DCA 1996). · cites it 2× “[2] § 893.145, Fla.Stat. (1993). [3] See Mayhue v.”

Dubose v. State, 560 So. 2d 323 (Fla. 1st DCA 1990). · cites it 3× “The state also failed to prove that the rolling papers found on Dubose constituted illegal drug paraphernalia under Section 893.145, Florida Statutes (1987).”

Tobacco Accessories & Novelty Craftsmen Merchants Ass'n of Louisiana v. David C. Treen, as Governor of Louisiana, 681 F.2d 378 (5th Cir. 1982). “(1980); Fla.Stat. §§ 893.145-147 (Supp.1980); Ind.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2016-09, 216 So. 3d 497 (Fla. 2017). · cites it 6× “§ 893.145, Fla. Stat. The term “drug paraphernalia” means all equipment, products, and materials of any land which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing,…”

Conyers v. State, 164 So. 3d 73 (Fla. 2d DCA 2015). · cites it 3× “It is also worth emphasizing that under Florida’s statutory definition, a crack pipe may be contraband even if it has never been used, The definition of “drug paraphernalia” as contraband includes objects “intended for use” and those “designed for use” in inhaling cocaine.”

Show all 40 citing cases →

— 893.145(10) — 2 cases

Townsend v. State, 781 So. 2d 541 (Fla. 5th DCA 2001).

Frederick v. State, 980 So. 2d 1243 (Fla. 2d DCA 2008).

— 893.145(12) — 7 cases

State v. D.T.W., 425 So. 2d 1383 (Fla. 1st DCA 1983).

Dubose v. State, 560 So. 2d 323 (Fla. 1st DCA 1990). “The state also failed to prove that the rolling papers found on Dubose constituted illegal drug paraphernalia under Section 893.145, Florida Statutes (1987).”

Conyers v. State, 164 So. 3d 73 (Fla. 2d DCA 2015). “It is also worth emphasizing that under Florida’s statutory definition, a crack pipe may be contraband even if it has never been used, The definition of “drug paraphernalia” as contraband includes objects “intended for use” and those “designed for use” in inhaling cocaine.”

C.Q. v. State, 801 So. 2d 304 (Fla. 5th DCA 2001).

Brevard Cnty. Sheriff's Off. v. Brown, 208 So. 3d 1281 (Fla. 5th DCA 2017).

— 893.145(12)(a) — 3 cases

Subuh v. State, 732 So. 2d 40 (Fla. 2d DCA 1999).

In Re: Stand. Jury Instructions in Crim. Cases - Report 2017-04 (Fla. 2017).

— 893.145(5) — 4 cases

Steele v. State, 561 So. 2d 638 (Fla. 1st DCA 1990). “1st DCA 1988), the defendant was charged with a violation of section 893.145(5), Florida Statutes (1985), which makes it unlawful to possess scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.”

Grady v. State, 753 So. 2d 744 (Fla. 3d DCA 2000).

Williams v. State, 529 So. 2d 345 (Fla. 1st DCA 1988).

Frazier v. State, 608 So. 2d 530 (Fla. 5th DCA 1992).

— 893.145(9) — 1 case

Watkins v. State, 933 So. 2d 1294 (Fla. 4th DCA 2006).

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