Florida Statute 893.146 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

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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.

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Amendments to 893.146

Annotations, Discussions, Cases:

Cases Citing Statute 893.146

Total Results: 18

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

969 So. 2d 245, 2007 WL 3101743

Supreme Court of Florida | Filed: Oct 25, 2007 | Docket: 1403698

Cited 67 times | Published

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

Florida Businessmen for Free Enterprise v. State

499 F. Supp. 346, 1980 U.S. Dist. LEXIS 15936

District Court, N.D. Florida | Filed: Sep 30, 1980 | Docket: 1484464

Cited 18 times | Published

merely lists, in Section 893.146, various relevant factors to consider. Section 893.146 is constitutional

McKenzie v. State

830 So. 2d 234, 2002 WL 31507084

District Court of Appeal of Florida | Filed: Nov 13, 2002 | Docket: 471452

Cited 11 times | Published

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

Florida Businessmen for Free Enterprise v. City of Hollywood

673 F.2d 1213, 1982 U.S. App. LEXIS 19867

Court of Appeals for the Eleventh Circuit | Filed: Apr 23, 1982 | Docket: 66191589

Cited 6 times | Published

Supplier”. Section 21-80B in the ordinance and section 893.146 in the statute lists fourteen and *1220thirteen

Baggett v. State

562 So. 2d 359, 1990 WL 60898

District Court of Appeal of Florida | Filed: May 11, 1990 | Docket: 1674547

Cited 5 times | Published

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

United States v. Bergin

732 F. Supp. 2d 1235, 2010 U.S. Dist. LEXIS 79583, 2010 WL 3088229

District Court, M.D. Florida | Filed: Aug 6, 2010 | Docket: 2339286

Cited 1 times | Published

whether an item is drug paraphernalia, Fla. Stat. § 893.146, an affidavit which states an officer observed

Subuh v. State

732 So. 2d 40, 1999 WL 270090

District Court of Appeal of Florida | Filed: May 5, 1999 | Docket: 1513445

Cited 1 times | Published

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

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

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761638

Published

Ice 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.

272 So. 3d 243

Supreme Court of Florida | Filed: May 30, 2019 | Docket: 15696547

Published

Ice 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

Supreme Court of Florida | Filed: Nov 30, 2017 | Docket: 6233352

Published

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

216 So. 3d 497

Supreme Court of Florida | Filed: Apr 27, 2017 | Docket: 5813561

Published

Ice 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

Supreme Court of Florida | Filed: May 19, 2016 | Docket: 3065478

Published

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

Joshua A. Chandler v. State

185 So. 3d 1286, 2016 WL 742500

District Court of Appeal of Florida | Filed: Feb 22, 2016 | Docket: 3045499

Published

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

C.M. v. State

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

District Court of Appeal of Florida | Filed: Mar 14, 2012 | Docket: 60306542

Published

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

Goodroe v. State

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

District Court of Appeal of Florida | Filed: Apr 3, 2002 | Docket: 64813905

Published

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

Townsend v. State

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

District Court of Appeal of Florida | Filed: Apr 6, 2001 | Docket: 64804541

Published

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

Grady v. State

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

District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 64795964

Published

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

McCray v. State

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

District Court of Appeal of Florida | Filed: Sep 27, 1988 | Docket: 64637143

Published

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