In Okaloosa County, Florida, the statutory list for what is defined as drug paraphernalia is long and exhaustive. It pretty much covers every conceivable item that could remotely be considered as connected to the potential use of drugs in some way.
Is this list too broad? Yes, absolutely.
Unfortunately, the Florida Courts have consistently ruled that the statute is constitutional, even if barely so.
Under § 893.145, Fla. Statutes, the term “drug paraphernalia” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in:
Planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling.
It includes, but is not limited to:
Kits, Isomerization Devices, Testing Equipment, Scales and Balances, Diluents and Adulterants, Separation Gins and Sifters, Rolling Papers, Blenders, Bowls, Containers, Spoons, Mixing Devices, Capsules, Balloons, Baggies, Bags, Ziplock Bags, Wire Coat Hangers, Envelopes, Storage Bins and Containers; Hypodermic Syringes and Needles, Injection Devices, Inhalers, Bongs or Water Pipes, Carburetion Tubes, Roach Clips, Vials, Chamber Pipes, Electric / Electronic Pipes.
If you’ve been arrested for possession of drug paraphernalia or drug contraband in Destin, Fort Walton Beach or elsewhere in Okaloosa County, call Lupella & Rehr for a free consultation at (850) 362-6655.