Florida Statutes

Fla. Stat. § 893.147 (2025)

Use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials.

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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:

(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.

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.

Arrestable Offenses under F.S. 893.147

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§893.147(1)DRUG EQUIP-POSSESSAND OR USEM · 1st

§893.147(2)DRUG EQUIP-POSSESSMANUFACTURE DELIVERF · 3rd

§893.147(4)DRUG EQUIP-POSSESSUSE POSS MFGR PARAPHERNALIA TO TRANSPORT DRUGSF · 3rd

§893.147(5)DRUG EQUIP-POSSESSDRUG PARAPHERNALIA ADVERTISEM · 1st

§893.147(6)DRUG EQUIP-POSSESSRETAIL SALE OF DRUG PARAPHERNALIA 2ND SUBS OFFF · 3rd

§893.147(6)DRUG EQUIP-POSSESSRETAIL SALE OF DRUG PARAPHERNALIA 1ST OFFM · 1st

§893.147(3a)DRUG EQUIP-POSSESSPARAPHERNALIA DELIVER TO MINORF · 2nd

§893.147(3b)DRUG EQUIP-POSSESSDELIVER SYRINGES NEEDLES TO MINORM · 1st

§893.147(7a)DRUG EQUIP-POSSESSPURCH SELL DEL TABLETING ENCAPSULATING MACHINEF · 3rd

§893.147(7a)COUNTERFEITING OFPOSS PURCH SELL DEL CTRL SUB COUNTERF MATERIALF · 3rd

§893.147(7d1)COUNTERFEITING OFRENUMBERED. SEE REC # 9051F · 3rd

§893.147(7d1)DRUG EQUIP-POSSESSRENUMBERED. SEE REC # 9050F · 3rd

§893.147(7d2)DRUGS-PRODUCERENUMBERED. SEE REC # 9052F · 2nd

§893.147(7d2)DRUGS-PRODUCERENUMBERED. SEE REC # 9053F · 2nd

§893.147(7d2a)DRUG EQUIP-POSSESSTABLET ENCAPSU MACH OTH MFG CTRL SUB 893.03(1)F · 2nd

§893.147(7d2b)DRUG EQUIP-POSSESSTABLETING ENCAPSULATING MACH OTHER MFG COCAINEF · 2nd

§893.147(7d2c)DRUG EQUIP-POSSESSTABLETING ENCAPSULATING MACHINE OTH MFG OPIUMF · 2nd

§893.147(7d2d)DRUG EQUIP-POSSESSTABLETING ENCAPSULATING MACH OTH MFG METHADONEF · 2nd

§893.147(7d2e)DRUG EQUIP-POSSESSTABLETING ENCAPSULAT MACH OTH MFG ALFENTANILF · 2nd

§893.147(7d2f)DRUG EQUIP-POSSESSTABLETING ENCAPSULAT MACH OTH MFG CARFENTANILF · 2nd

§893.147(7d2g)DRUG EQUIP-POSSESSTABLETING ENCAPSULATING MACH OTH MFG FENTANYLF · 2nd

§893.147(7d2h)DRUG EQUIP-POSSESSTABLETING ENCAPSULAT MACH OTH MFG SUFENTANILF · 2nd

§893.147(7d2i)DRUG EQUIP-POSSESSTABLET ENCAPSULAT MACH OTH MFG CTRL SUB ANALOGF · 2nd

Civil Citations under F.S. 893.147

Driver's license points · R = revocation · S = suspension

§893.147DRUG - Possession of Drug Paraphernalia under 18yoR

Notes of Decisions

Cited in 129 cases (4 in the last 5 years), 1980–2025 · leading case: Florida Businessmen for Free Enter. v. State, 499 F. Supp. 346 (N.D. Fla. 1980).

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Florida Businessmen for Free Enter. v. State, 499 F. Supp. 346 (N.D. Fla. 1980). · cites it 15× “Section 893.147, Florida Statutes, is created to read: 893.”

Steele v. State, 561 So. 2d 638 (Fla. 1st DCA 1990). · cites it 7× “See § 893.147(1), Fla. Stat. (1987). Moreover, since intent was an issue in the case, the instruction given, which omitted the elements of use and intent, was prejudicial in that the jury was not instructed to determine whether the state proved the elements of use or intent to…”

In Re Stand. Inst. in Crim. Cases (No. 2005-3), 969 So. 2d 245 (Fla. 2007). · cites it 6× “(Defendant) had knowledge of the presence of the drug paraphernalia. Definitions . Possession .”

In Re Stand. Jury Instructions in Crim. Cases—report No. 2015-03, 191 So. 3d 291 (Fla. 2016). · cites it 6× “14 USE OR POSSESSION WITH INTENT TO USE DRUG PARAPHERNALIA § 893.147(1), Fla. Stat. To prove the crime of Use or Possession With Intent to Use Drug Paraphernalia, the State must prove the following two elements beyond a reasonable doubt: 1.”

State of Florida v. Harry James Chubbuck, 141 So. 3d 1163 (Fla. 2014). · cites it 4× “(2007)), one count of possession of paraphernalia (production) (§ 893.147(1)(a), Fla. Stat. (2007)), and one count of felon in possession of firearm or ammunition (constructive possession) (§ 790.”

Florida Businessmen for Free Enter. v. City of Hollywood, 673 F.2d 1213 (11th Cir. 1982). · cites it 4× “The subsequent amendment of Fla. Stat. § 893.147 (1) (Supp.1982) to prohibit possession with intent to use drug paraphernalia renders this issue moot on appeal.”

In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-05, 153 So. 3d 192 (Fla. 2014). · cites it 6× “(Defendant) used — or—had—in t-his][her] possession with intent to use drug paraphernalia knew of the presence of the drug paraphernalia. 2. (Defendant) had knowledge of the presence of the-drug paraphernalia [used the drug paraphernalia] [or] [possessed the drug paraphernalia…”

Roberto Valderrama v. Officer Carl Rousseau, 780 F.3d 1108 (11th Cir. 2015). · cites it 2× “2009) (noting that probable cause “requires only a probability or substantial chance of criminal activities” (internal quotation marks omitted)); see also Fla. Stat. § 893.147 (1) (“It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia .”

State v. Walthour, 876 So. 2d 594 (Fla. 5th DCA 2004). · cites it 3× “2, Possession of Drug Paraphernalia in violation of Fla. Stat. 893.147(1) for an incident occurring on May 5, 2003.”

Flagg v. State, 74 So. 3d 138 (Fla. 1st DCA 2011). “13(6)(a), a third-degree felony, and possession of drug paraphernalia in violation of section 893.147(l)(b), a first-degree misdemeanor Flagg filed a motion to suppress the drugs and crack pipe on the basis that the stop was illegal.”

State v. Bryant, 953 So. 2d 585 (Fla. 1st DCA 2007). · cites it 7× “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…”

State v. Bodden, 877 So. 2d 680 (Fla. 2004). · cites it 2× “13(6)(b), Florida Statutes (2002), and one count of possession of drug paraphernalia in violation of section 893.147, Florida Statutes (2002).”

Show all 129 citing cases →

— 893.147(1) — 75 cases

Florida Businessmen for Free Enter. v. State, 499 F. Supp. 346 (N.D. Fla. 1980). “Section 893.147, Florida Statutes, is created to read: 893.”

State v. Walthour, 876 So. 2d 594 (Fla. 5th DCA 2004). “2, Possession of Drug Paraphernalia in violation of Fla. Stat. 893.147(1) for an incident occurring on May 5, 2003.”

Reynolds v. State, 842 So. 2d 46 (Fla. 2002).

Steele v. State, 561 So. 2d 638 (Fla. 1st DCA 1990). “See § 893.147(1), Fla. Stat. (1987). Moreover, since intent was an issue in the case, the instruction given, which omitted the elements of use and intent, was prejudicial in that the jury was not instructed to determine whether the state proved the elements of use or intent to…”

Stand. Jury Instructions-Crim. Cases, 603 So. 2d 1175 (Fla. 1992).

— 893.147(1)(a) — 4 cases

State of Florida v. Harry James Chubbuck, 141 So. 3d 1163 (Fla. 2014). “(2007)), one count of possession of paraphernalia (production) (§ 893.147(1)(a), Fla. Stat. (2007)), and one count of felon in possession of firearm or ammunition (constructive possession) (§ 790.”

State v. Young, 936 So. 2d 725 (Fla. 1st DCA 2006).

Williams v. State, 700 So. 2d 190 (Fla. 5th DCA 1997).

Tunisia Shavonne McClan v. State of Florida (Fla. 4th DCA 2025).

— 893.147(1)(b) — 7 cases

Ingram v. State, 928 So. 2d 423 (Fla. 1st DCA 2006).

State v. Hawkins, 790 So. 2d 492 (Fla. 5th DCA 2001).

Thompson v. State, 555 So. 2d 970 (Fla. 2d DCA 1990).

Williams v. State, 734 So. 2d 1149 (Fla. 5th DCA 1999).

— 893.147(2) — 11 cases

In Re Stand. Inst. in Crim. Cases (No. 2005-3), 969 So. 2d 245 (Fla. 2007). “(Defendant) had knowledge of the presence of the drug paraphernalia. Definitions . Possession .”

In Re Stand. Jury Instructions in Crim. Cases—report No. 2015-03, 191 So. 3d 291 (Fla. 2016). “14 USE OR POSSESSION WITH INTENT TO USE DRUG PARAPHERNALIA § 893.147(1), Fla. Stat. To prove the crime of Use or Possession With Intent to Use Drug Paraphernalia, the State must prove the following two elements beyond a reasonable doubt: 1.”

Florida Businessmen for Free Enter. v. State, 499 F. Supp. 346 (N.D. Fla. 1980). “Section 893.147, Florida Statutes, is created to read: 893.”

In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-05, 153 So. 3d 192 (Fla. 2014). “(Defendant) used — or—had—in t-his][her] possession with intent to use drug paraphernalia knew of the presence of the drug paraphernalia. 2. (Defendant) had knowledge of the presence of the-drug paraphernalia [used the drug paraphernalia] [or] [possessed the drug paraphernalia…”

Florida Businessmen for Free Enter. v. City of Hollywood, 673 F.2d 1213 (11th Cir. 1982). “The subsequent amendment of Fla. Stat. § 893.147 (1) (Supp.1982) to prohibit possession with intent to use drug paraphernalia renders this issue moot on appeal.”

— 893.147(2)(a) — 1 case

Riverocruz v. Bradshaw, 964 So. 2d 245 (Fla. 4th DCA 2007).

— 893.147(3) — 2 cases

In Re Stand. Inst. in Crim. Cases (No. 2005-3), 969 So. 2d 245 (Fla. 2007). “(Defendant) had knowledge of the presence of the drug paraphernalia. Definitions . Possession .”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2016-09, 216 So. 3d 497 (Fla. 2017).

— 893.147(3)(a) — 3 cases

In Re: Stand. Jury Instructions in Crim. Cases - Report No. 2015-03 – Corrected Opinion (Fla. 2016).

— 893.147(4) — 3 cases

State v. Bryant, 953 So. 2d 585 (Fla. 1st DCA 2007). “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…”

Florida Businessmen for Free Enter. v. State, 499 F. Supp. 346 (N.D. Fla. 1980). “Section 893.147, Florida Statutes, is created to read: 893.”

— 893.147(6) — 2 cases

In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014).

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

— 893.147(6)(a) — 1 case

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

— 893.147(6)(b) — 1 case

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

— 893.147(l)(a) — 5 cases

Phillips v. State, 536 So. 2d 1145 (Fla. 1st DCA 1988).

Malone v. State, 651 So. 2d 733 (Fla. 5th DCA 1995).

Graddy v. State, 606 So. 2d 1242 (Fla. 2d DCA 1992).

J v. A Child v. State of Florida, 221 So. 3d 689 (Fla. 4th DCA 2017).

— 893.147(l)(b) — 5 cases

C.M. v. State, 83 So. 3d 947 (Fla. 3d DCA 2012).

Goodroe v. State, 812 So. 2d 586 (Fla. 4th DCA 2002).

Nixon v. State, 680 So. 2d 506 (Fla. 1st DCA 1996).

J v. A Child v. State of Florida, 221 So. 3d 689 (Fla. 4th DCA 2017).

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