HB 6101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6101-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to drug paraphernalia; amending s. 2
893.145, F.S.; removing testing equipment from the 3
definition of drug paraphernalia; amending s. 893.147, 4
F.S.; revising a cross -reference; providing an 5
effective date. 6
7
Be It Enacted by the Legislature of the State of Florida: 8
9
Section 1. Section 893.145, Florida Statutes, is amended 10
to read: 11
893.145 "Drug paraphernalia" defined. —The term "drug 12
paraphernalia" means all equipment, products, and materials of 13
any kind which are used, intended for use, or designed for use 14
in planting, propagating, cultivating, growing, harvesting, 15
manufacturing, compounding, converting, producing, processing, 16
preparing, testing, analyzing, packaging, repackaging, storing, 17
containing, concealing, transporting, injecting, ingesting, 18
inhaling, or otherwise introducing into the human body a 19
controlled substance in violation of this chapter or s. 877.111. 20
Drug paraphernalia is deemed to be contraband which shall be 21
subject to civil forfeiture. The term includes, but is not 22
limited to: 23
(1) Kits used, intended for use, or designed for use in 24
the planting, propagating, cultivating, growing, or harvesting 25
HB 6101 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6101-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of any species of plant which is a controlled substance or from 26
which a controlled substance can be derived. 27
(2) Kits used, intended for use, or designed for use in 28
manufacturing, compounding, converting, producing, processing, 29
or preparing controlled substances. 30
(3) Isomerization devices used, intended for use, or 31
designed for use in increasing the potency of any species of 32
plant which is a controlled substance. 33
(4) Testing equipment used, intended for use, or designed 34
for use in identifying, or in analyzing the strength, 35
effectiveness, or purity of, controlled substances. 36
(4)(5) Scales and balances used, intended for use, or 37
designed for use in weighing or measuring controlled substances. 38
(5)(6) Diluents and adulterants, such as quinine 39
hydrochloride, caffeine, dimethyl sulfone, mannitol, mannite, 40
dextrose, and lactose, used, intended for use, or designed for 41
use in diluting controlled substances; or substances such as 42
damiana leaf, marshmallow leaf, and mullein leaf, used, intended 43
for use, or designed for use as carrie r mediums of controlled 44
substances. 45
(6)(7) Separation gins and sifters used, intended for use, 46
or designed for use in removing twigs and seeds from, or in 47
otherwise cleaning or refining, cannabis. 48
(7)(8) Blenders, bowls, containers, spoons, and mixing 49
devices used, intended for use, or designed for use in 50
HB 6101 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
compounding controlled substances. 51
(8)(9) Capsules, balloons, envelopes, and other containers 52
used, intended for use, or designed for use in packaging small 53
quantities of controlled substances. 54
(9)(10) Containers and other objects used, intended for 55
use, or designed for use in storing, concealing, or transporting 56
controlled substances. 57
(10)(11) Hypodermic syringes, needles, and other objects 58
used, intended for use, or designed for use in parenterally 59
injecting controlled substances into the human body. 60
(11)(12) Objects used, intended for use, or designed for 61
use in ingesting, inhaling, or oth erwise introducing controlled 62
substances, as described in s. 893.03, or substances described 63
in s. 877.111(1) into the human body, such as: 64
(a) Metal, wooden, acrylic, glass, stone, plastic, or 65
ceramic pipes, with or without screens, permanent screens, 66
hashish heads, or punctured metal bowls. 67
(b) Water pipes. 68
(c) Carburetion tubes and devices. 69
(d) Smoking and carburetion masks. 70
(e) Roach clips: meaning objects used to hold burning 71
material, such as a cannabis cigarette, that has become too 72
small or too short to be held in the hand. 73
(f) Miniature cocaine spoons, and cocaine vials. 74
(g) Chamber pipes. 75
HB 6101 2022
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(h) Carburetor pipes. 76
(i) Electric pipes. 77
(j) Air-driven pipes. 78
(k) Chillums. 79
(l) Bongs. 80
(m) Ice pipes or chillers. 81
(n) A cartridge or canister, which means a small metal 82
device used to contain nitrous oxide. 83
(o) A charger, sometimes referred to as a "cracker," which 84
means a small metal or plastic device that contains an interior 85
pin that may be used to expel nitrous oxide from a cartr idge or 86
container. 87
(p) A charging bottle, which means a device that may be 88
used to expel nitrous oxide from a cartridge or canister. 89
(q) A whip-it, which means a device that may be used to 90
expel nitrous oxide. 91
(r) A tank. 92
(s) A balloon. 93
(t) A hose or tube. 94
(u) A 2-liter-type soda bottle. 95
(v) Duct tape. 96
Section 2. Paragraph (a) of subsection (6) of section 97
893.147, Florida Statutes, is amended to read: 98
893.147 Use, possession, manufacture, delivery, 99
transportation, advertisement, or retai l sale of drug 100
HB 6101 2022
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
paraphernalia, specified machines, and materials. — 101
(6) RETAIL SALE OF DRUG PARAPHERNALIA. — 102
(a) It is unlawful for a person to knowingly and willfully 103
sell or offer for sale at retail any drug paraphernalia 104
described in s. 893.145(11)(a)-(c) or (g)-(m) s. 893.145(12)(a)-105
(c) or (g)-(m), other than a pipe that is primarily made of 106
briar, meerschaum, clay, or corn cob. 107
Section 3. This act shall take effect July 1, 2022. 108