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Murdock

Greetings Everyone,
Long time lurker, new member. I'm glad to be aboard. I'm not sure if this is the correct forum for this question but here goes, and I apologize if this has been covered beforehand.

What exactly is considered paraphernalia? Here in florida there are several "head" shops that sell everything from hooka's to bongs to small pipes, when and where do they go from "legal" to "illegal" and is possession of them in and of themselves illegal? I've noticed that the penalties for paraphernalia are often times much harsher than for simple possession of marijuana and yet you can buy what could be considered paraphernalia legally. This is a question that has confused me for quite awhile, thank you again in advance.

 

goodgirl

I basicly know this answer but anyone with anything to add can of course feel free to do so

Those items you see sold in the "head shops" are legal because they can arguably be used for tobacco which of course is legal.

A pipe becomes a illegal paraphernalia when either it has been used to smoke an illegal substance or it is reasonable to assume that the intention is for it be used to smoke an illegal substance.

My understanding is that if a pipe is found in a box with a bag of pot...whether or not it has been used it can still be considered parapernalia as it is reasonable to assume that it was intended to be used for illegal purposes.

If residue of an illegal substance is on the pipe it is irrelevant whether or not there are drugs nearby since it has already been used of course.

That is why in most head shops you will see signs with a list of words that can not be used while making your purchases. Words such as bong, bowl, etc...can signify your intention to use the item for something other than tobacco. If a store sells a pipe to someone and they have reason to believe that the use will be illegal they can be held accountable. That is why they will refuse to sell to someone that comes in looking for a "bong" but will sell to someone asking for an "aqua pipe".

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mirage

i know what u mean

i blow glass, mainly artisy stuff but i have and will still make glass pipes for my buddys, some cops tell me its illegal to even make them others say its cool as long as its clean.

i got sick of it and asked my lawyer and got teh facts, this is the best way to find out. cause they know BETTER then any cop would.

cause some cops will try and say YOUR intent was to use that NEW pipe for illegal use.

most states i know consider paraphinia anything used with/during conjuction with a drug or after.

best bet ask a lawyer from your state

Murdock

Thank you Goodgirl...

I find it quite intresting that the penalties for paraphernalia are stiffer than that of simple marijuana possession in many states. What scares me is that there are many grey areas where its concerned... meaning, simple things like coke cans, coke bottles, even plain tin foil can be used in that role. and how far does that streach? Meaning, zip lock baggies for instance are used in transport, could they too be considered paraphernalia? or is it limited to that which is used to consume or smoke? Or lighters, for that matter.... ?

Niteshift

This is how FL statute reads for the determination:

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.

(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.

 

huh?

can they take my squeegee away from me because I use it to clean the hot box off the inside of my windows???
actually I don't care and I'll keep toking, but my squeegee being paraphernalia is something me and my friends joke about, legally it might be!!

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mirage

well dude i got a fine for paraphinla in florida for having a glow stick when i walked out of a bar in the keys so that squeegee is marked as EVIL

now i ask you this how can a glow stick be paraphinla talk aboiut the law being warped and corupt

Niteshift

"well dude i got a fine for paraphinla in florida for having a glow stick when i walked out of a bar in the keys"

You'll have to excuse me for not buying that story, especially not in the Keys. You can't ealk 10 feet during Fantasy Fest without finding someone selling glow sticks.

Either there is a whole lot of story you're not sharing, or you got lost while looking for a creative writing forum.

In either case, I ain't buying it as is.

"now i ask you this how can a glow stick be paraphinla talk aboiut the law being warped and corupt"

No point in answering that since the situation, as presented, is most likely false.

"can they take my squeegee away from me because I use it to clean the hot box off the inside of my windows???"

If it has residue, it's possible. Not likely, but possible.

mirage

niteshift

there is alot i dint post for a reason but here goes

at a nightclb in the keys and some in the group were trippin on >snip< and when we left the bar a cop steped up and pulled the whole group aside, 1 chick in the group who was trippin freaked out and started cockyin off. the cop then started ranting and saw all of us had glowsticks and a few had pacfiers. the next thing i know is im being handed a fine for drug parahilina. i asked the cop what this was for and he replied sumpin about it can be considered paraphila while on >snip<. the fine got taken back after i started *****in about how it cant be parahila, some in the group still got fined though

if u want more priviate message

Niteshift

"the next thing i know is im being handed a fine for drug parahilina."

That's the biggest indicator that this isn't true. Possession of paraphernalia in FL is a CRIMINAL offense. You don't get handed a "fine". You might get a court date, but not a fine.

"the fine got taken back after i started *****in about how it cant be parahila"

Second indicator. I don't see it happening.

"some in the group still got fined though"

Third indicator. How can he take it back for you, but give it to the others? IF that were actually true, he gave the others a guaranteed way out. Besides, I can't see them just saying "Yes officer" and taking theirs if they saw you complain and get yours rescinded.


Aside from all that, this post negates your first one. You obviously DIDN'T get fined, since you say the cop took it back on scene.

If you have something you want to tell me in private, feel free to send it to me.