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Florida Statutes 893.147 - Use, possession, manufacture, delivery, transportation, or advertisement of drug paraphernalia

Florida Statutes > Chapter 893 > 893.147


Current as of: 2012
   (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:
   (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.

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.
Florida Statutes 893.146 - Determination of paraphernaliaChapter 893 Table of ContentsFlorida Statutes 893.149 - Unlawful possession of listed chemical

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Questions & Answers: Drugs and Alcohol

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Florida Laws: Drugs and Alcohol

Florida Statutes > Chapter 893 - Drug Abuse Prevention and Control
Florida Regulations Chapter 64F-13 - Emergency Prescribing of Schedule II Controlled Substance
Florida Regulations Chapter 64F-14 - Standards for Drug Issuance By Public Health Nurses
Florida Regulations > Division 64K - Prescription Drug Monitoring Program
Florida Regulations Chapter 2-40 - Scheduling and Rescheduling of Controlled Substances

U.S. Code Provisions: Drugs and Alcohol

U.S. Code > Title 20 > Chapter 7 - Instruction As To Nature And Effect Of Alcoholic Drinks And Narcotics
U.S. Code > Title 21 > Chapter 13 - Drug Abuse Prevention And Control
U.S. Code > Title 21 > Chapter 20 - National Drug Control Program
U.S. Code > Title 21 > Chapter 22 - National Drug Control Policy
U.S. Code > Title 21 > Chapter 24 - International Narcotics Trafficking
U.S. Code > Title 21 > Chapter 25 - Miscellaneous Anti-Drug Abuse Provisions
U.S. Code Title 42 > Chapter 46 > Subchapter XII-C - Rural Drug Enforcement
U.S. Code > Title 42 > Chapter 124 - Public Housing Drug Elimination
U.S. Code Title 42 > Chapter 136 > Subchapter IV - Drug Control

Federal Regulations: Drugs and Alcohol

U.S. Code > Title 20 > Chapter 7 - Instruction As To Nature And Effect Of Alcoholic Drinks And Narcotics
U.S. Code > Title 21 > Chapter 13 - Drug Abuse Prevention And Control
U.S. Code > Title 21 > Chapter 20 - National Drug Control Program
U.S. Code > Title 21 > Chapter 22 - National Drug Control Policy
U.S. Code > Title 21 > Chapter 24 - International Narcotics Trafficking
U.S. Code > Title 21 > Chapter 25 - Miscellaneous Anti-Drug Abuse Provisions
U.S. Code Title 42 > Chapter 46 > Subchapter XII-C - Rural Drug Enforcement
U.S. Code > Title 42 > Chapter 124 - Public Housing Drug Elimination
U.S. Code Title 42 > Chapter 136 > Subchapter IV - Drug Control
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