Florida/Georgia Personal Injury & Workers Compensation

...If a person does not have exclusive possession of a thing, knowledge of its presence may not be inferred or assumed. [Page A-68] *1246 Drug The term "drug paraphernalia" means all equipment, Paraphernalia products, and materials of any kind which are used, F.S. 893.145 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, co...

...If a person has exclusive possession of a thing paraphernalia, knowledge of its presence may be inferred or assumed. If a person does not have exclusive possession of a thing paraphernalia, knowledge of its presence may not be inferred or assumed. Drug Paraphernalia . § 893.145, Fla....

...bstance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis. Drug Paraphernalia . § 893.145 , Fla....

...Deliver . § 893.02 (4) (5) , Fla. Stat. "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled substance paraphernalia, whether or not there is an agency relationship. Drug Paraphernalia . § 893.145, Fla....

...d that intent to use is an essential element of the crime charged, and that the state failed to prove the element of intent. In a similar context, in Williams v. State, 529 So.2d 345 (Fla. 1st DCA 1988), the defendant was charged with a violation of section 893.145(5), Florida Statutes (1985), which makes it unlawful to possess scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances....

...Therefore, the issue of consent to search, addressed by the trial court is moot. The order granting the motion to suppress is REVERSED, and this cause is REMANDED for further proceedings not inconsistent with this opinion. WENTWORTH, J., and McCORD, GUYTE, P., Jr., Associate Judge (Retired), concur. NOTES [1] Section 893.145(12)( 1 ), Florida Statutes (Supp....

...*351 containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. Drug paraphernalia is deemed to be contraband which shall be subject to civil forfeiture. § 893.145, Fla.Stat. (Supp.1980). The law goes on to list generic examples of drug paraphernalia and some relevant factors to evaluate in determining if an object is drug paraphernalia. §§ 893.145, 893.146, Fla....

...If the Plaintiffs appeal within those ten days, this injunction shall continue until resolution of the appeal by the Fifth Circuit Court of Appeals. APPENDIX DRUG PARAPHERNALIA CHAPTER 80-30 Committee Substitute for House Bill No. 6 An act relating to drug abuse prevention and control; creating s. 893.145, Florida Statutes, defining the term "drug paraphernalia"; creating s....

...893.12(2), Florida Statutes, providing for the forfeiture of drug paraphernalia; amending s. 893.13(3)(a), Florida Statutes, deleting provisions relating to drug paraphernalia to conform to the act; providing penalties; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 893.145, Florida Statutes, is created to read: 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, manufacturin...

...Subsection (2) of section 893.12, Florida Statutes, is amended to read: *357 893.12 Contraband; seizure, forfeiture and sale of vessel, vehicle, or aircraft illegally used.— (2) Any vessel, vehicle, or aircraft or drug paraphernalia, as defined in s. 893.145, which has been or is being used in violation of any provision of this chapter or in, upon, or by means of which any violation of this chapter has taken or is taking place may be seized and forfeited as provided by the Florida Uniform Contraband Transportation Act....

...Filed in Office Secretary of State May 21, 1980. CODING: Words in struck through type are deletions from existing law; words in underscored type are additions. NOTES [1] The "Head Shop" law, formally known as Chapter 80-30, Laws of Florida (1980), and soon to be codified as Sections 893.145, 893.146, 893.147, and 893.12, Florida Statutes (Supp.1980), is appended....

...ements of the crime charged. Accordingly, appellant's judgment and sentence for possession of drug paraphernalia is REVERSED. The judgment and sentence for possession of cocaine, however, is AFFIRMED. SCHEB, C.J., and CAMPBELL, J., concur. NOTES [1] Section 893.145, Florida Statutes (Supp....

...The abandonment of the contraband under these circumstances was not voluntary. California v. Hodari D . Accordingly, we reverse Lang's conviction and adjudication. REVERSED and REMANDED. PETERSON, C.J., and THOMPSON, J., concur. NOTES [1] § 893.03, Fla.Stat. (1993). [2] § 893.145, Fla.Stat....

...In fact, there was no testimony with regard to the syringes other than the fact they were found in the dumpster after the officer heard a noise. Hypodermic syringes have legitimate medical purposes so that in every instance they cannot be said to constitute drug paraphernalia as defined in section 893.145, Florida Statutes (1987)....

...e time and thus had knowledge of the contraband. Although Williams did admit having knowledge of the presence of the triple-beam scale, the state failed to prove that the scale was "drug paraphernalia" within the meaning of the statutory definition. Section 893.145(5), Fla....

...I concur with the majority that the conviction must be reversed because the State failed to establish that appellant was in constructive possession of the items found in his apartment or that the triple beam balance scale appellant admitted owning fell within the purview of Sections 893.145 and 893.147, Florida Statutes....

...ther evidence, such as incriminating statements, that Dubose intended to use the razor blades or the cans to smoke the crack cocaine. The state also failed to prove that the rolling papers found on Dubose constituted illegal drug paraphernalia under Section 893.145, Florida Statutes (1987)....

...Dubose's convictions for possession of cocaine and marijuana are affirmed; his conviction for possession of drug paraphernalia is reversed, and the case is remanded with directions that appellant be discharged as to the latter conviction. WENTWORTH and BARFIELD, JJ., concur. NOTES [1] Section 893.145(12) defines drug paraphernalia to include "[o]bjects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body or......

...h 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. Section 893.145, Florida Statutes, defines drug paraphernalia 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, *587 manufacturing,...

...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. And section 893.145 further specifies that "drug paraphernalia" includes "[c]apsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances," as well as "[c]ontainers...

...stantially similar laws of any political subdivision of this state or any other state; or person who displays physical characteristics of drug intoxication or usage, such as "needle tracks"; or a person who possesses drug paraphernalia as defined in Section 893.145, Florida Statutes....

...Thus, we hold that an experienced officer who identifies such a glass tube by plain feel can conclude, based on his or her prior experience and the totality of the circumstances at the time and place of the search, that it is more likely than not that the hard, cylindrical object is drug paraphernalia. See § 893.145(12)(a), Fla....

...It is also worth emphasizing that under Florida's statutory definition, a crack pipe may be contraband even if it has never been used. The definition of "drug paraphernalia" as contraband includes objects "intended for use" and those "designed for use" in inhaling cocaine. § 893.145(12)....

...to ingest, inhale or otherwise introduce crack cocaine into the human body. See Fla. Std. Jury Instr. (Crim.) 323. *43 The statute, which specifically defines drug paraphernalia, lists glass pipes, with or without screens, as drug paraphernalia. See § 893.145(12)(a), Fla....

...(12) The existence and scope of legitimate uses for the object in the community. (13) Expert testimony concerning its use. [3] The First District, in Dubose v. State, 560 So.2d 323 (Fla. 1st DCA 1990), analyzed whether cigarette rolling papers constituted illegal drug paraphernalia as defined in section 893.145, Florida Statutes (1987), where the defendant was convicted of possession of drug paraphernalia....

...cult to see how the observation of drug paraphernalia, needles, and pill bottles says something about the likely presence of blank prescription forms in the residence. "Drug paraphernalia" is a specifically defined term under Florida law, Fla. Stat. § 893.145 which, while broadly defined, does not include a blank prescription form....

...colors or symbols to the baggies in which they distribute their product. Watkins was charged with possession of drug paraphernalia and the State was thus required to prove that the baggies found in Watkins' car qualified as "drug paraphernalia." See § 893.145(9), (10), Fla....

...nce of his conviction on this count “would lead to automatic violations, and attendant convictions, of the statute every time a defendant sells a controlled substance packed or stored in a container be it a plastic bag, burlap wrap or the like.” Section 893.145, Florida Statutes (1985), defines “drug paraphernalia” as any equipment, products, or materials used, inter alia, in “......

[was] [were]: Give as applicable. § 893.145(12)(a)-(c), (g)-(m), Fla. Stat. (a)

...ions but reverse his conviction for possession of drug paraphernalia. Section 893.147(1), Florida Statutes, provides: Use or Possession of Drug Paraphernalia— It is unlawful for any person to use, or possess with intent to use, drug paraphernalia: Section 893.145(5), Florida Statutes, defines as drug paraphernalia: (5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances....

...2d DCA 1965). We affirm the remaining counts without comment. Affirmed in part; reversed in part. WHATLEY and STRINGER, JJ., Concur. NOTES [1] The paraphernalia Frederick was charged with possessing was the "baggie" which contained the crack cocaine. See § 893.145(10), Fla....

...ia or the present ability to direct its control by another. Joint possession. Give if applicable. Possession of drug paraphernalia may be sole or joint, that is, two or more persons may possess drug paraphernalia. Drug Paraphernalia. § 893.145, Fla....

...ia or the present ability to direct its control by another. Joint possession. Give if applicable. Possession of drug paraphernalia may be sole or joint, that is, two or more persons may possess drug paraphernalia. Drug Paraphernalia. § 893.145, Fla....

...ill 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... . (Emphasis added.) Section 893.145, Florida Statutes (1985), in turn, defines "drug paraphernalia": 893.145 "Drug paraphernalia" defined....

...nd intention to control it if [he] [she] had joint control over the place where the drug paraphernalia was located, and the drug paraphernalia was located in a common area in plain view and in the presence of the defendant. Drug Paraphernalia. § 893.145, Fla....

...nd intention to control it if [he] [she] had joint control over the place where the drug paraphernalia was located, and the drug paraphernalia was located in a common area in plain view and in the presence of the defendant. Drug Paraphernalia. § 893.145, Fla....

...ingest, inhale or otherwise introduce a controlled substance into the human body. 3. When the delivery was made, (defendant) was 18 years old or over and (person alleged) was under 18 years old. Definitions. Drug Paraphernalia. § 893.145, Fla....

...State, 735 So.2d 570 (Fla. 2d DCA 1999); Thompson v. State, 551 So.2d 1248 (Fla. 1st DCA 1989). Further, during oral argument before this court, the State conceded that the kaleidoscope is not drug paraphernalia. The definition of paraphernalia as found in section 893.145, Florida Statutes (1997), states that the term means all equipment, products, and materials of any kind which are used, intended for use, or designed to use in planting, propagating, cultivating, growing, harvesting, manufacturing, co...

...stantially similar laws of any political subdivision of this state or any other state; or person who displays physical characteristics of drug intoxication or usage, such as "needle tracks"; or a person who possesses drug paraphernalia as defined in Section 893.145, Florida Statutes....

...antially similar laws of any political subdivision of this state or any other state; or person who displays physical characteristics of drug intoxication or usage, such as "needle tracks”; or a person who possesses drug paraphernalia as defined in Section 893.145, Florida Statutes....

...At trial, the jury acquitted him on the possession of marijuana count, but convicted him on the other two counts. He appeals solely from the conviction for possession of drug paraphernalia, taking the position that the state failed to prove the small scale taken from his person was drug paraphernalia as defined in section 893.145(5) of the Florida Statutes. Section 893.147(1), Florida Statutes (1997), makes it “unlawful for any person to use, or to possess with intent to use, drug paraphernalia,” which is defined in section 893.145(5), Florida Statutes (1997), to include “[sjcales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.” The statutes provide the courts and juries with further guidance in determ...

...ia or the present ability to direct its control by another. Joint possession. Give if applicable. Possession of drug paraphernalia may be sole or joint, that is, two or more persons may possess drug paraphernalia. Drug Paraphernalia. § 893.145, Fla....

...e use of the contraband article can be traced to a specific narcotics transaction. § 932.701(2)(a)l., Fla. Stat. (2015). Methamphetamine is a controlled substance. See § 893.03(2)(c)4., Fla. Stat. (2015). A pipe containing it is paraphernalia. See § 893.145(12), Fla....

...Therefore, the issue of consent to search, addressed by the trial court is moot. The order granting the motion to suppress is REVERSED, and this cause is REMANDED for further proceedings not inconsistent with this opinion. WENTWORTH, J., and McCORD, GUYTE, P., Jr., Associate Judge (Retired), concur. . Section 893.145(12)(/), Florida Statutes (Supp.1980), which defines “drug paraphernalia” to include a “bong” does not define the term; nor does any dictionary we have examined....

...tially similar laws of any political subdivision of this state or any other state; or person who displays physical characteristics of drug intoxication or usage, such as “needle tracks”; or a person who possesses drug paraphernalia as defined in Section 893.145, Florida Statutes....

...See Tibero v. State, 646 So.2d 213 (Fla. 5th DCA 1994); Ch. 95-189, § 1, Laws of Fla. AFFIRMED in part; REMANDED for Correction of Probation Order. HARRIS and GOSHORN, JJ., concur. . § 810.06, Fla. Stat. . § 893.03, Fla. Stat. . § 893.13, Fla. Stat. . § 893.145, Fla....

...not answer, the detectives moved off his front porch to the area directly in front of the window. The detectives then shined their flashlights through and banged on the window, at which 1 § 893.13(1)(a), Fla. Stat. (2014). 2 § 893.145, Fla....

...of a tenth of a gram of cocaine in close proximity to a container containing a white residue, which field-tested positive for cocaine, is sufficient to sustain the inference that the container was used or intended to be used to package cocaine. Cf. § 893.145(10), Fla....

...d intention to control it if [he] [she] had joint control over the place where the drug paraphernalia was located, and the drug paraphernalia was located in a common area in plain view and in the presence of the defendant. Drug Paraphernalia. § 893.145, Fla....

...d intention to control it if [he] [she] had joint control over the place where the drug paraphernalia was located, and the drug paraphernalia was located in a common area in plain view and in the presence of the defendant. Drug Paraphernalia. § 893.145, Fla....

...When the delivery was made, (defendant) was 18 years old or over and (person alleged) was under 18 years old. The Court instructs you that (name of substance) is a controlled substance. Definitions. Drug Paraphernalia. § 893.145, Fla....