Florida Statute 893.146 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 893.146

Total Results: 17

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

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

Snippet: pipes or chillers. Relevant factors. § 893.146, Fla. Stat. In addition to all other logically

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: pipes or chillers. Relevant factors. § 893.146, Fla.Stat. In addition to all other logically

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

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

Snippet: Florida Statutes]. Relevant factors. § 893.146, Fla. Stat. In addition to all other logically

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: pipes or chillers. Relevant factors. § 893.146, Fla. Stat. In addition to all other logically

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: pipes or chillers. Relevant factors. § 893.146, Fla. Stat. In addition to all other logically

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2015-03

Court: Supreme Court of Florida | Date Filed: 2016-04-07

Citation: 191 So. 3d 291, 2016 WL 1375710

Snippet: pipes or chillers. Relevant factors.'§ '893.146, Fla.' Stat. In addition to all other logically

Joshua A. Chandler v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-02-22

Citation: 185 So. 3d 1286, 2016 WL 742500

Snippet: expert testimony concerning the item’s use. § 893.146, Fla. Stat. (2014). “The presence of even a minuscule

C.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-03-14

Citation: 83 So. 3d 947, 2012 Fla. App. LEXIS 4062, 2012 WL 832796

Snippet: drug paraphernalia, this Court stated “section 893.146 does not require that a defendant be convicted

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: m. Ice pipes or chillers. Relevant factors. § 893.146, Fla. Stat. In addition to all other logically

McKenzie v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-11-13

Citation: 830 So. 2d 234, 2002 WL 31507084

Snippet: paraphernalia. Fla. Std. Jury Instr. (Crim.) 25.14; § 893.146, Fla. Stat. (2000). Defense counsel agreed with

Goodroe v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-04-03

Citation: 812 So. 2d 586, 2002 Fla. App. LEXIS 4261, 2002 WL 491866

Snippet: STONE and STEVENSON, JJ„ concur. . Section. 893.146(4), Fla. Stat. (2000), provides: "In determining

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: small quantities of controlled substances”); § 893.146, Fla.Stat. (1999) (in addition to all other logically

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: nonexclusive factors which must be considered. § 893.146, Fla. Stat. (1997). These factors include: “(2)

Subuh v. State

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

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

Snippet: is drug paraphernalia is set forth in section 893.146, Florida Statutes (1997).[2] The evidence adduced

Standard Jury Instructions-Criminal Cases

Court: Supreme Court of Florida | Date Filed: 1992-07-02

Citation: 603 So. 2d 1175, 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230

Snippet: factors shall be considered in determining whether 893.146 an object is drug paraphernalia:

Baggett v. State

Court: District Court of Appeal of Florida | Date Filed: 1990-05-11

Citation: 562 So. 2d 359, 1990 WL 60898

Snippet: dumpster were indeed drug paraphernalia. Section 893.146, Florida Statutes (1987) sets forth the factors

McCray v. State

Court: District Court of Appeal of Florida | Date Filed: 1988-09-27

Citation: 531 So. 2d 408, 13 Fla. L. Weekly 2218, 1988 Fla. App. LEXIS 4258, 1988 WL 97965

Snippet: quantities of controlled substances.” Section 893.146 sets out factors to be considered in determining