Drug Paraphernalia Laws In Florida: What Is Drug Paraphernalia?
Drug paraphernalia is often defined as 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 substances into the human body in violation of federal and/or state statutes. Both federal and Florida law include heavy fines and severe criminal penalties, including potential mandatory/minimum sentences of up to 25 years and maximum potential sentences of up to life. Mr. Petruzzi has represented numerous individuals charged with, or under investigation for, drug paraphernalia offenses by both federal and state authorities. His experience and knowledge serves as an invaluable asset to his clients.
Federal drug paraphernalia offenses are investigated and prosecuted by various agencies, including the FBI, DEA, and the Department of Justice. Some common federal statutes criminalizing drug paraphernalia include:
21 USC Sec. 863 –
(a) In general It is unlawful for any person
1) to sell or offer for sale drug paraphernalia
(2) to use the mails or any other facility of interstate commerce to transport drug paraphernalia
(3) to import or export drug paraphernalia
Anyone convicted of an offense under subsection (a) of this section shall be imprisoned for not more than three years and fined under title 18.
(c) Seizure and forfeiture of any drug paraphernalia involved in any violation of subsection (a) of this section shall be subject to seizure and forfeiture upon the conviction of a person for such violation. Any such paraphernalia shall be delivered to the Administrator of General Services, General Services Administration, who may order such paraphernalia destroyed or may authorize its use for law enforcement or educational purposes by Federal, State, or local authorities.
Florida drug paraphernalia offenses are investigated and prosecuted by various state and local law enforcement agencies. Some common Florida statutes criminalizing drug paraphernalia include:
893.147 Use, possession, manufacture, delivery, transportation, or advertisement of drug paraphernalia:
(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.
(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:
(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 act; or
(b) To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this act.
(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.
(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
(b) Contraband as defined in s. 932.701(2)(a)1