Bill Text: FL S1668 | 2022 | Regular Session | Introduced

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Bill Title: Drug Paraphernalia

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2022-03-14 - Died in Criminal Justice [S1668 Detail]

Download: Florida-2022-S1668-Introduced.html

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       Florida Senate - 2022                                    SB 1668
       
       
        
       By Senator Jones
       
       
       
       
       
       35-01651-22                                           20221668__
    1                        A bill to be entitled                      
    2         An act relating to drug paraphernalia; amending s.
    3         893.145, F.S.; removing testing equipment from the
    4         definition of “drug paraphernalia”; amending s.
    5         893.147, F.S.; conforming a cross-reference; providing
    6         an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 893.145, Florida Statutes, is amended to
   11  read:
   12         893.145 “Drug paraphernalia” defined.—The term “drug
   13  paraphernalia” means all equipment, products, and materials of
   14  any kind which are used, intended for use, or designed for use
   15  in planting, propagating, cultivating, growing, harvesting,
   16  manufacturing, compounding, converting, producing, processing,
   17  preparing, testing, analyzing, packaging, repackaging, storing,
   18  containing, concealing, transporting, injecting, ingesting,
   19  inhaling, or otherwise introducing into the human body a
   20  controlled substance in violation of this chapter or s. 877.111.
   21  Drug paraphernalia is deemed to be contraband which shall be
   22  subject to civil forfeiture. The term includes, but is not
   23  limited to:
   24         (1) Kits used, intended for use, or designed for use in the
   25  planting, propagating, cultivating, growing, or harvesting of
   26  any species of plant which is a controlled substance or from
   27  which a controlled substance can be derived.
   28         (2) Kits used, intended for use, or designed for use in
   29  manufacturing, compounding, converting, producing, processing,
   30  or preparing controlled substances.
   31         (3) Isomerization devices used, intended for use, or
   32  designed for use in increasing the potency of any species of
   33  plant which is a controlled substance.
   34         (4) Testing equipment used, intended for use, or designed
   35  for use in identifying, or in analyzing the strength,
   36  effectiveness, or purity of, controlled substances.
   37         (4)(5) Scales and balances used, intended for use, or
   38  designed for use in weighing or measuring controlled substances.
   39         (5)(6) Diluents and adulterants, such as quinine
   40  hydrochloride, caffeine, dimethyl sulfone, mannitol, mannite,
   41  dextrose, and lactose, used, intended for use, or designed for
   42  use in diluting controlled substances; or substances such as
   43  damiana leaf, marshmallow leaf, and mullein leaf, used, intended
   44  for use, or designed for use as carrier mediums of controlled
   45  substances.
   46         (6)(7) Separation gins and sifters used, intended for use,
   47  or designed for use in removing twigs and seeds from, or in
   48  otherwise cleaning or refining, cannabis.
   49         (7)(8) Blenders, bowls, containers, spoons, and mixing
   50  devices used, intended for use, or designed for use in
   51  compounding controlled substances.
   52         (8)(9) Capsules, balloons, envelopes, and other containers
   53  used, intended for use, or designed for use in packaging small
   54  quantities of controlled substances.
   55         (9)(10) Containers and other objects used, intended for
   56  use, or designed for use in storing, concealing, or transporting
   57  controlled substances.
   58         (10)(11) Hypodermic syringes, needles, and other objects
   59  used, intended for use, or designed for use in parenterally
   60  injecting controlled substances into the human body.
   61         (11)(12) Objects used, intended for use, or designed for
   62  use in ingesting, inhaling, or otherwise introducing controlled
   63  substances, as described in s. 893.03, or substances described
   64  in s. 877.111(1) into the human body, such as:
   65         (a) Metal, wooden, acrylic, glass, stone, plastic, or
   66  ceramic pipes, with or without screens, permanent screens,
   67  hashish heads, or punctured metal bowls.
   68         (b) Water pipes.
   69         (c) Carburetion tubes and devices.
   70         (d) Smoking and carburetion masks.
   71         (e) Roach clips: meaning objects used to hold burning
   72  material, such as a cannabis cigarette, that has become too
   73  small or too short to be held in the hand.
   74         (f) Miniature cocaine spoons, and cocaine vials.
   75         (g) Chamber pipes.
   76         (h) Carburetor pipes.
   77         (i) Electric pipes.
   78         (j) Air-driven pipes.
   79         (k) Chillums.
   80         (l) Bongs.
   81         (m) Ice pipes or chillers.
   82         (n) A cartridge or canister, which means a small metal
   83  device used to contain nitrous oxide.
   84         (o) A charger, sometimes referred to as a “cracker,” which
   85  means a small metal or plastic device that contains an interior
   86  pin that may be used to expel nitrous oxide from a cartridge or
   87  container.
   88         (p) A charging bottle, which means a device that may be
   89  used to expel nitrous oxide from a cartridge or canister.
   90         (q) A whip-it, which means a device that may be used to
   91  expel nitrous oxide.
   92         (r) A tank.
   93         (s) A balloon.
   94         (t) A hose or tube.
   95         (u) A 2-liter-type soda bottle.
   96         (v) Duct tape.
   97         Section 2. Paragraph (a) of subsection (6) of section
   98  893.147, Florida Statutes, is amended to read:
   99         893.147 Use, possession, manufacture, delivery,
  100  transportation, advertisement, or retail sale of drug
  101  paraphernalia, specified machines, and materials.—
  102         (6) RETAIL SALE OF DRUG PARAPHERNALIA.—
  103         (a) It is unlawful for a person to knowingly and willfully
  104  sell or offer for sale at retail any drug paraphernalia
  105  described in s. 893.145(11)(a)-(c) or (g)-(m) s. 893.145(12)(a)
  106  (c) or (g)-(m), other than a pipe that is primarily made of
  107  briar, meerschaum, clay, or corn cob.
  108         Section 3. This act shall take effect July 1, 2022.