Effective today, July 1, 2013 is a new law on drug paraphernalia. Typically a charge of possession of drug paraphernalia accompanies a charge of possession of drugs such as marijuana, cocaine or prescription drugs. This new law criminalizes the retail sale of drug paraphernalia.
The items listed as unlawful are metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls. Water pipes, carburetion tubes and devices, chamber pipes, carburetor pipes, electric pipes, air-driven pipes, chillums, bongs, ice pipes or chillers. Pipes made primarily of briar, meerschaum, clay or corn cob are excluded.
Florida law lists several other items that are supposedly drug paraphernalia but not included on the unlawful to sell list. Besides the obvious scales and baggies, also listed as paraphernalia are several items which are primarily used legally such as blenders, bowls, spoons, balloons, hoses or tubes, a 2-liter-type soda bottle and duct tape. Fortunately for the hardware supply stores, duct tape did not make the list of items retailers are forbidden to sell! Unfortunatley, this list should give every citizen pause and concern given the extent of the items an officer can claim as drug paraphernalia.
If you or a loved one needs to hire a lawyer to defend an accusation of possession or sale of drug paraphernalia, whether it is a 2-littler bottle, duct tape, blender or the usual pipe, click or call today.