Fla. Stat. 893.146
Determination of paraphernalia

(1)

Statements by an owner or by anyone in control of the object concerning its use.

(2)

The proximity of the object, in time and space, to a direct violation of this act.

(3)

The proximity of the object to controlled substances.

(4)

The existence of any residue of controlled substances on the object.

(5)

Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this act. 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, or designed for use, as drug paraphernalia.

(6)

Instructions, oral or written, provided with the object concerning its use.

(7)

Descriptive materials accompanying the object which explain or depict its use.

(8)

Any advertising concerning its use.

(9)

The manner in which the object is displayed for sale.

(10)

Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor of or dealer in tobacco products.

(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.

Source: Section 893.146 — Determination of paraphernalia, https://www.­flsenate.­gov/Laws/Statutes/2024/0893.­146 (accessed Aug. 7, 2025).

893.01
Short title 893.02
Definitions 893.03
Standards and schedules 893.04
Pharmacist and practitioner 893.05
Practitioners and persons administering controlled substances in their absence 893.06
Distribution of controlled substances 893.07
Records 893.08
Exceptions 893.09
Enforcement 893.10
Burden of proof 893.11
Suspension, revocation, and reinstatement of business and professional licenses 893.12
Contraband 893.13
Prohibited acts 893.15
Rehabilitation 893.015
Statutory references 893.20
Continuing criminal enterprise 893.21
Alcohol-related or drug-related overdoses 893.30
Controlled substance safety education and awareness 893.031
Industrial exceptions to controlled substance scheduling 893.033
Listed chemicals 893.035
Control of new substances 893.055
Prescription drug monitoring program 893.065
Counterfeit-resistant prescription blanks for controlled substances listed in Schedule II, Schedule III, Schedule IV, or Schedule V 893.101
Legislative findings and intent 893.105
Testing and destruction of seized substances 893.131
Distribution of controlled substances resulting in overdose or serious bodily injury 893.132
Dangerous fentanyl exposure of first responder resulting in overdose or serious bodily injury 893.135
Trafficking 893.138
Local administrative action to abate certain activities declared public nuisances 893.145
“Drug paraphernalia” defined 893.146
Determination of paraphernalia 893.147
Use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials 893.149
Unlawful possession of listed chemical 893.165
County alcohol and other drug abuse treatment or education trust funds 893.0301
Death resulting from apparent drug overdose 893.0355
Control of scheduled substances 893.0356
Control of new substances 893.0551
Public records exemption for the prescription drug monitoring program 893.1351
Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance 893.1495
Retail sale of ephedrine and related compounds

Current through Fall 2025

§ 893.146. Determination of paraphernalia's source at flsenate​.gov