CopyCited 67 times | Published | Supreme Court of Florida | 2007 WL 3101743
...s 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. Relevant factors. § 893.146, Fla....
...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. Relevant factors . § 893.146 , Fla....
...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. Relevant factors . § 893.146, Fla....
CopyCited 18 times | Published | District Court, N.D. Florida | 1980 U.S. Dist. LEXIS 15936
...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....
...An irrebuttable presumption of guilt from proof of a certain fact, in some circumstances, denies a defendant that protection and is consequently unconstitutional. Leary v. United States,
395 U.S. 6,
89 S.Ct. 1532,
23 L.Ed.2d 57 (1969). Chapter 80-30, however, does not create any presumptions. It merely lists, in Section
893.146, various relevant factors to consider. Section
893.146 is constitutional....
...rcuit 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.
893.146, Florida Statutes, providing a procedure for determining whether *355 or not an object is drug paraphernalia; creating s....
...to 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. *356 (i) Airdriven pipes. (k) Chillums. ( l ) Bongs. (m) Ice pipes or chillers. Section 2. Section 893.146, Florida Statutes, is created to read: 893.146 Determination of paraphernalia.In determining whether an object is drug paraphernalia, a court or other authority or jury shall consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use....
...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....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2002 WL 31507084
...The innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use, *236 or designed for use, as drug paraphernalia. Fla. Std. Jury Instr. (Crim.) 25.14; § 893.146, Fla....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 19867
...he defendant acted in bad faith, with intent or knowledge that the recipient will use the paraphernalia with controlled substances. 3. Factors Relevant to Determining Drug Paraphernalia: “Legitimate Supplier”. Section 21-80B in the ordinance and section 893.146 in the statute lists fourteen and *1220 thirteen indicia, respectively, that law enforcement authorities must consider in determining whether an object is “drug paraphernalia.” In this appeal, the Merchants attack only the factor of being “a legitimate supplier” as vague and overbroad....
...Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the commodity, such as a licensed distributor or dealer of tobacco products .... Hollywood, Fla., Ordinance No. 0-80-15, § 21-80B(11) (Feb. 20,1980) (emphasis added); accord Fla.Stat. § 893.146(10) (Supp....
...ette, 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. 893.146 Determination of paraphernalia In determining whether an object is drug paraphernalia, a court or other authority or jury shall consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1990 WL 60898
...rnalia. Further, in order to have probable cause to arrest Mrs. Baggett for the offense of possession with intent to use drug paraphernalia, the officers needed to determine that the syringes dropped into the dumpster were indeed drug paraphernalia. Section 893.146, Florida Statutes (1987) sets forth the factors which a trial court, a jury, or other authority (in this case the officers) shall consider in determining whether an object is drug paraphernalia....
...(11) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise. (12) The existence and scope of legitimate uses for the object in the community. (13) Expert testimony concerning its use. § 893.146, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1999 WL 270090
...See also Fla. Std. Jury Instr. (Crim.) at 242. Baldwin v. State,
498 So.2d 1385, 1386 (Fla. 5th DCA 1986). A non-exclusive list of considerations for a court or jury to evaluate in determining whether an object is drug paraphernalia is set forth in section
893.146, Florida Statutes (1997)....
...NOTES [1] At the trial, the State proceeded under the theory that Subuh was a principal to the offense. For the purpose of this appeal, Subuh has not raised any issue pertaining to the application of the principal theory, and we do not address that in light of our holding on the dispositive issue. [2] Section 893.146, Florida Statutes (1997), provides: Determination of paraphernalia In determining whether an object is drug paraphernalia, a court or other authority or jury shall consider, in addition to all other logically relevant factors, the fol...
CopyCited 1 times | Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 79583, 2010 WL 3088229
...nly ledgers notes, tallies and computer related equipment. [8] Given the broad definition of drug paraphernalia, and the numerous factors which have been identified as bearing on the determination of whether an item is drug paraphernalia, Fla. Stat. § 893.146, an affidavit which states an officer observed "drug paraphernalia" states a conclusion and not a fact....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2218, 1988 Fla. App. LEXIS 4258, 1988 WL 97965
...... packaging, repackaging, storing, containing ...” a controlled substance, including “[c]apsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.” Section 893.146 sets out factors to be considered in determining whether an object is drug paraphernalia, including direct or circumstantial evidence of the intent of the owner or person in control of the object “to deliver it to persons who he kno...
CopyPublished | Supreme Court of Florida
Florida Statutes]. Relevant factors. §
893.146, Fla. Stat. In addition to all other logically
CopyPublished | Supreme Court of Florida
...Chamber pipes.
h. Carburetor pipes.
i. Electric pipes.
j. Air-driven pipes.
k. Chillums.
l. Bongs.
m. Ice pipes or chillers.
Relevant factors. § 893.146, Fla....
...Chamber pipes.
h. Carburetor pipes.
i. Electric pipes.
j. Air-driven pipes.
k. Chillums.
l. Bongs.
m. Ice pipes or chillers.
Relevant factors. § 893.146, Fla....
CopyPublished | Supreme Court of Florida
...Chamber pipes.
h. Carburetor pipes.
i. Electric pipes.
j. Air-driven pipes.
k. Chillums.
l. Bongs.
m. Ice pipes or chillers.
Relevant factors. § 893.146, Fla....
...Carburetor pipes.
- 99 -
i. Electric pipes.
j. Air-driven pipes.
k. Chillums.
l. Bongs.
m. Ice pipes or chillers.
Relevant factors. § 893.146, Fla....
...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.
- 103 -
Relevant factors. § 893.146, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 3400, 2000 WL 293784
...ned for use in weighing or measuring controlled substances.” The statutes provide the courts and juries with further guidance in determining whether an object is drug paraphernalia by listing thirteen nonexclusive factors which must be considered. § 893.146, Fla....
...e home of the defendants were used for purposes other than the weighing of illegal substances. Affirmed. . Grady would have us disregard the proximity of the marijuana because the jury acquitted him of the charge of possession of marijuana. However, section 893.146 does not require that a defendant be convicted of possession of the nearby illegal drug before it may be considered in determining whether the object seized is drug paraphernalia....
CopyPublished | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 4062, 2012 WL 832796
...juana. On appeal, Grady argued that he could not be convicted of the drug paraphernalia charge because he was found not guilty of the marijuana possession charge. In affirming the conviction for possession of drug paraphernalia, this Court stated “section 893.146 does not require that a defendant be convicted of possession of the nearby illegal drug before it may be considered in determining whether the object seized is drug paraphernalia.” Id....
...rady from the instant case: In Grady , the substance seized from the vehicle was in fact marijuana, a controlled substance. Thus Grady (and the scale) were found in close proximity to a controlled substance, a factor expressly to be considered under section 893.146 in determining whether an object constitutes drug paraphernalia and in considering whether the object was intended to be used for an illicit purpose. See § 893.146(3) Fla....
...intended to use the ear dropper to inhale a controlled substance. Further, in Grady the testimony established that the only known use for the scale was to weigh marijuana. By contrast, in the instant case, C.M. testified that he used the ear dropper to smoke synthetic marijuana, a non-controlled substance. See § 893.146(1) Fla....
...juana. . The State acknowledges that synthetic marijuana is not a "controlled substance” under Chapter 893, Florida Statutes (2010). .C.M. had previously moved for a judgment of dismissal at the end of the State’s case. That motion was denied. . Section 893.146, Florida Statutes (2010) provides in pertinent part: In determining whether an object is drug paraphernalia, a court or other authority or jury shall consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use....
CopyPublished | Supreme Court of Florida
...Chamber pipes.
h. Carburetor pipes.
i. Electric pipes.
j. Air-driven pipes.
k. Chillums.
l. Bongs.
m. Ice pipes or chillers.
Relevant factors. § 893.146, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2016 WL 742500
...whether an item qualifies as drug paraphernalia, the court may consider, inter alia, the
proximity of the item to any controlled substances, the existence of residue on the item,
whether the item can be used for legitimate purposes, and expert testimony concerning
the item's use. § 893.146, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 4507, 2001 WL 331895
...r was used or intended to be used to package cocaine. Cf. §
893.145(10), Fla. Stat. (1999) (term “drug paraphernalia” includes “containers used, intended for use, or designed for use in packaging small quantities of controlled substances”); §
893.146, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 4261, 2002 WL 491866
...Accordingly, we reverse the judgment and sentence on the possession of drug paraphernalia count with directions to discharge appellant as to this offense. We affirm as to all other issues. AFFIRMED in part, REVERSED in part, and REMANDED. STONE and STEVENSON, JJ„ concur. . Section. 893.146(4), Fla....
CopyPublished | Supreme Court of Florida
...Carburetor pipes.
i. Electric pipes.
- 94 -
j. Air-driven pipes.
k. Chillums.
l. Bongs.
m. Ice pipes or chillers.
Relevant factors. § 893.146, Fla....
...Chamber pipes.
h. Carburetor pipes.
i. Electric pipes.
j. Air-driven pipes.
k. Chillums.
- 100 -
l. Bongs.
m. Ice pipes or chillers.
Relevant factors. § 893.146, Fla....
...Chamber pipes.
h. Carburetor pipes.
i. Electric pipes.
j. Air-driven pipes.
k. Chillums.
l. Bongs.
m. Ice pipes or chillers.
Relevant factors. § 893.146, Fla....
