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Florida Statute 893.145 | Lawyer Caselaw & Research
F.S. 893.145 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 893.145

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter
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.
(c) Carburetion tubes and devices.
(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 from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 272 So. 3d 243 (Fla. 2019)

. . . . § 893.145, Fla.Stat. . . . Drug Paraphernalia. § 893.145, Fla.Stat. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 216 So. 3d 497 (Fla. 2017)

. . . . § 893.145, Fla. Stat. . . . Drug Paraphernalia. § 893.145, Fla. Stat. . . . Drug Paraphernalia. § 893.145, Fla. Stat. . . .

BREVARD COUNTY SHERIFF S OFFICE, v. BROWN,, 208 So. 3d 1281 (Fla. Dist. Ct. App. 2017)

. . . See § 893.145(12), Fla. Stat. (2015). Both are contraband articles under the FCFA. . . .

FRIEDSON, v. STATE, 207 So.3d 961 (Fla. Dist. Ct. App. 2016)

. . . . § 893.145, Fla, Stat. (2014). . . . .

CONYERS, v. STATE, 164 So. 3d 73 (Fla. Dist. Ct. App. 2015)

. . . See § 893.145(12)(a), Fla. . . . contraband includes objects “intended for use” and those “designed for use” in inhaling cocaine. § 893.145 . . .

STATE v. M. ODOM,, 56 So. 3d 46 (Fla. Dist. Ct. App. 2011)

. . . . §§ 893.145 and 893.147, Fla. Stat. (2008). . §§ 893.135(l)(f) and 893.03(2)(c), Fla. . . .

UNITED STATES v. BERGIN,, 732 F. Supp. 2d 1235 (M.D. Fla. 2010)

. . . . § 893.145 which, while broadly defined, does not include a blank prescription form. . . .

FREDERICK, v. STATE, 980 So. 2d 1243 (Fla. Dist. Ct. App. 2008)

. . . See § 893.145(10), Fla. Stat. (2006). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES NO., 969 So. 2d 245 (Fla. 2007)

. . . . § 893.145,_ Fla. Stat. . . . Drug Paraphernalia § 893.145, Fla. Stat. . . .

STATE v. BRYANT,, 953 So. 2d 585 (Fla. Dist. Ct. App. 2007)

. . . Section 893.145, Florida Statutes, defines drug paraphernalia as all equipment, products, and materials . . .

WATKINS, v. STATE, 933 So. 2d 1294 (Fla. Dist. Ct. App. 2006)

. . . See § 893.145(9), (10), Fla. Stat. . . .

C. Q. a v. STATE, 801 So. 2d 304 (Fla. Dist. Ct. App. 2001)

. . . . §§ 893.145(12), 893.147(l)(b), Fla. Stat. (2000). . U.S. Const. Amend. IV; Fla. . . .

A. TOWNSEND, v. STATE, 781 So. 2d 541 (Fla. Dist. Ct. App. 2001)

. . . . § 893.145(10), Fla. . . .

GRADY, v. STATE, 753 So. 2d 744 (Fla. Dist. Ct. App. 2000)

. . . failed to prove the small scale taken from his person was drug paraphernalia as defined in section 893.145 . . . any person to use, or to possess with intent to use, drug paraphernalia,” which is defined in section 893.145 . . .

C. F. G. a v. STATE, 752 So. 2d 122 (Fla. Dist. Ct. App. 2000)

. . . The definition of paraphernalia as found in section 893.145, Florida Statutes (1997), states that the . . .

SUBUH, v. STATE, 732 So. 2d 40 (Fla. Dist. Ct. App. 1999)

. . . See § 893.145(12)(a), Fla. Stat. (1997). . . . analyzed whether cigarette rolling papers constituted illegal drug paraphernalia as defined in section 893.145 . . .

COX, v. STATE, 687 So. 2d 25 (Fla. Dist. Ct. App. 1996)

. . . . § 893.145, Fla. Stat. . § 856.021, Fla. Stat. . . .

LANG, v. STATE, 671 So. 2d 292 (Fla. Dist. Ct. App. 1996)

. . . . § 893.145, Fla.Stat. (1993). . See Mayhue v. . . .

E. L. a R. W. a v. STATE, 619 So. 2d 252 (Fla. 1993)

. . . usage, such as "needle tracks”; or a person who possesses drug paraphernalia as defined in Section 893.145 . . .

FRAZIER, v. STATE, 608 So. 2d 530 (Fla. Dist. Ct. App. 1992)

. . . Paraphernalia— It is unlawful for any person to use, or possess with intent to use, drug paraphernalia: Section 893.145 . . .

STANDARD JURY INSTRUCTIONS- CRIMINAL CASES NO., 603 So. 2d 1175 (Fla. 1992)

. . . [Page A-68] Drug Paraphernalia F.S. 893.145 The term “drug paraphernalia” means all equipment, products . . .

STATE v. E. L. a R. W. a, 595 So. 2d 981 (Fla. Dist. Ct. App. 1992)

. . . usage, such as “needle tracks”; or a person who possesses drug paraphernalia as defined in Section 893.145 . . .

BAGGETT, v. STATE, 562 So. 2d 359 (Fla. Dist. Ct. App. 1990)

. . . so that in every instance they cannot be said to constitute drug paraphernalia as defined in section 893.145 . . .

STEELE, v. STATE, 561 So. 2d 638 (Fla. Dist. Ct. App. 1990)

. . . State, 529 So.2d 345 (Fla. 1st DCA 1988), the defendant was charged with a violation of section 893.145 . . .

STATE v. McCRAY,, 561 So. 2d 257 (Fla. 1990)

. . . Section 893.145, Florida Statutes (1985), in turn, defines “drug paraphernalia”: 893.145 “Drug paraphernalia . . .

DUBOSE, v. STATE, 560 So. 2d 323 (Fla. Dist. Ct. App. 1990)

. . . prove that the rolling papers found on Dubose constituted illegal drug paraphernalia under Section 893.145 . . . Section 893.145(12) defines drug paraphernalia to include "[ojbjects used, intended for use, or designed . . .

McCRAY, v. STATE, 531 So. 2d 408 (Fla. Dist. Ct. App. 1988)

. . . Section 893.145, Florida Statutes (1985), defines “drug paraphernalia” as any equipment, products, or . . .

WILLIAMS, v. STATE, 529 So. 2d 345 (Fla. Dist. Ct. App. 1988)

. . . or that the triple beam balance scale appellant admitted owning fell within the purview of Sections 893.145 . . . Section 893.145(5), Fla.Stat. (1985), states that “drug paraphernalia” includes “[s]ca-les and balances . . .

STATE v. D. T. W. a, 425 So. 2d 1383 (Fla. Dist. Ct. App. 1983)

. . . Section 893.145(12)(/), Florida Statutes (Supp.1980), which defines “drug paraphernalia” to include a . . .

STOIANOFF d b a v. STATE OF MONTANA,, 695 F.2d 1214 (9th Cir. 1983)

. . . ; Delaware (Del.Code Ann. tit. 16, §§ 4701(13) and 4771-75 (Supp.1980)); Florida (Fla.Stat. 893.12, 893.145 . . .

TOBACCO ACCESSORIES AND NOVELTY CRAFTSMEN MERCHANTS ASSOCIATION OF LOUISIANA, v. C. TREEN,, 681 F.2d 378 (5th Cir. 1982)

. . . . §§ 893.145-147 (Supp.1980); Ind.Code §§ 35-48-4-8.1 to 8.3 (Supp.1980); Md. . . .

FLORIDA BUSINESSMEN FOR FREE ENTERPRISE, v. CITY OF HOLLYWOOD, FLORIDA BUSINESSMEN FOR FREE ENTERPRISE, a a Co. a v. STATE OF FLORIDA, a, 673 F.2d 1213 (11th Cir. 1982)

. . . . §§ 893.145-.147 (Supp.1982), like its city ordinance counterpart, is modelled after the Model Drug . . . APPENDIX A Fla.Stat. §§ 893.145-.147 (Supp.1982) 893.145 “Drug Paraphernalia” defined The term “drug . . .

DYDEK, v. STATE, 400 So. 2d 1255 (Fla. Dist. Ct. App. 1981)

. . . Section 893.145, Florida Statutes (Supp. 1980), effective October 1, 1980, comprehensively defines drug . . .

FLORIDA BUSINESSMEN FOR FREE ENTERPRISE, a a Co. a v. STATE OF FLORIDA, a a, 499 F. Supp. 346 (N.D. Fla. 1980)

. . . . § 893.145, Fla.Stat. (Supp.1980). . . . . §§ 893.145, 893.146, Fla. Stat. (Supp.1980). . . . Section 893.145, Florida Statutes, is created to read: 893.145 Drug paraphernalia defined.— The term . . . aircraft illegally used.- (2) Any vessel, vehicle, or aircraft or drug paraphernalia, as defined in s. 893.145 . . . ” law, formally known as Chapter 80-30, Laws of Florida (1980), and soon to be codified as Sections 893.145 . . .