Florida Statute 893.145 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

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F.S. 893.145

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.

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.

Annotations, Discussions, Cases:

Cases Citing Statute 893.145

Total Results: 20

Advisory Opinion to the Attorney General Re: Regulate Marijuana in a Manner Similar to Alcohol to Establish Age, Licensing, and Other Restrictions

Court: Supreme Court of Florida | Date Filed: 2021-06-17

Snippet: months from the effective date, revise ss. 893.145- 893.147, Florida Statutes (2016) or as amended

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-09

Court: Supreme Court of Florida | Date Filed: 2020-01-16

Snippet: drug paraphernalia. Drug Paraphernalia. § 893.145, Fla. Stat. The term “drug paraphernalia”

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-12.

Court: Supreme Court of Florida | Date Filed: 2019-05-30

Citation: 272 So. 3d 243

Snippet: paraphernalia. Drug Paraphernalia. § 893.145, Fla.Stat. The term "drug paraphernalia"

In Re: Standard Jury Instructions in Criminal Cases - Report 2017-04

Court: Supreme Court of Florida | Date Filed: 2017-11-30

Snippet: [was] [were]: Give as applicable. § 893.145(12)(a)-(c), (g)-(m), Fla. Stat. (a)

In Re: Standard Jury Instructions in Criminal Cases-Report 2016-09

Court: Supreme Court of Florida | Date Filed: 2017-04-27

Citation: 216 So. 3d 497

Snippet: of the defendant. Drug Paraphernalia. § 893.145, Fla. Stat. The term “drug paraphernalia”

Brevard County Sheriff's Office v. Brown

Court: District Court of Appeal of Florida | Date Filed: 2017-02-03

Citation: 208 So. 3d 1281, 2017 WL 456933, 2017 Fla. App. LEXIS 1257

Snippet: A pipe containing it is paraphernalia. See § 893.145(12), Fla. Stat. (2015). Both are contraband articles

Matthew Friedson v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-12-16

Citation: 207 So. 3d 961, 2016 Fla. App. LEXIS 18446

Snippet: 13(l)(a), Fla. Stat. (2014). 2 . § 893.145, Fla, Stat. (2014). 3 . We decline

In Re: Standard Jury Instructions in Criminal Cases - Report No. 2015-03 – Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2016-05-19

Snippet: of the defendant. Drug Paraphernalia. § 893.145, Fla. Stat. The term “drug paraphernalia”

Conyers v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-05-06

Citation: 164 So. 3d 73, 2015 WL 2078588

Snippet: object is drug paraphernalia. See § 893.145(12)(a), Fla. Stat. (2012) (defining a glass pipe

State v. Odom

Court: District Court of Appeal of Florida | Date Filed: 2011-01-28

Citation: 56 So. 3d 46, 2011 Fla. App. LEXIS 592, 2011 WL 248558

Snippet: 13(l)(a) and 893.03(2)(c)4„ Fla. Stat (2008). . §§ 893.145 and 893.147, Fla. Stat. (2008). . §§ 893.135(l)(f)

Frederick v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-05-07

Citation: 980 So. 2d 1243, 2008 WL 1960258

Snippet: "baggie" which contained the crack cocaine. See § 893.145(10), Fla. Stat. (2006).

In Re Standard Inst. in Crim. Cases (No. 2005-3)

Court: Supreme Court of Florida | Date Filed: 2007-10-25

Citation: 969 So. 2d 245, 2007 WL 3101743

Snippet: be inferred or assumed. Drug Paraphernalia. § 893.145, Fla. Stat. The term "drug paraphernalia" means

State v. Bryant

Court: District Court of Appeal of Florida | Date Filed: 2007-03-07

Citation: 953 So. 2d 585, 2007 WL 671044

Snippet: Contraband as defined in s. 932.701(2)(a)1. Section 893.145, Florida Statutes, defines drug paraphernalia as

Watkins v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-08-02

Citation: 933 So. 2d 1294, 2006 WL 2135911

Snippet: Watkins' car qualified as "drug paraphernalia." See § 893.145(9), (10), Fla. Stat. (defining "drug paraphernalia"

C.Q. v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-12-14

Citation: 801 So. 2d 304, 2001 Fla. App. LEXIS 17632

Snippet: 893.13(6)(a) and (b), Fla. Stat. (2000). . §§ 893.145(12), 893.147(l)(b), Fla. Stat. (2000). . U.S

CQ v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-12-14

Citation: 801 So. 2d 304, 2001 WL 1589187

Snippet: 893.13(6)(a) and (b), Fla. Stat. (2000). [2] §§ 893.145(12), 893.147(1)(b), Fla. Stat. (2000). [3] U.S

Townsend v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-04-06

Citation: 781 So. 2d 541, 2001 Fla. App. LEXIS 4507, 2001 WL 331895

Snippet: intended to be used to package cocaine. Cf. § 893.145(10), Fla. Stat. (1999) (term “drug paraphernalia”

Grady v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-03-22

Citation: 753 So. 2d 744, 2000 Fla. App. LEXIS 3400, 2000 WL 293784

Snippet: person was drug paraphernalia as defined in section 893.145(5) of the Florida Statutes. Section 893.147(1)

C.F.G. v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-03-08

Citation: 752 So. 2d 122, 2000 Fla. App. LEXIS 2276, 2000 WL 256156

Snippet: definition of paraphernalia as found in section 893.145, Florida Statutes (1997), states that the term

Subuh v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-05-05

Citation: 732 So. 2d 40, 1999 WL 270090

Snippet: without screens, as drug paraphernalia. See § 893.145(12)(a), Fla. Stat. (1997). The delivery of a glass