25.14. Drug Abuse - Use Or Possession Of Drug Paraphernalia

25.14 DRUG ABUSE - USE OR POSSESSION OF DRUG PARAPHERNALIA 893.147(1), Fla. Stat. To prove the crime of Uson of Drug Paraphernalia, the State must e or Possessi prove the following three elements beyond a reasonable doubt: 1. [Name of defendant] had in [his] [her] possession with intent to use drug paraphernalia. 2. [Name of defendant] had knowledge of the presence of the drug paraphernalia. To "possess" means to have personal charge of or exercise the right of ownership, management or control over the thing possessed. Possession may be actual or constructive. Actual possession means (a) the thing is in the hand of or on the person, or (b) the thing is in a container in the hand of or on the person, or (c) the thing is so close as towithin ready reach an be d is under the control of the person. NOTE TO JUDGE: Give any of the next three paragraphs if applicable. Mere proximity to a thing is not sufient to establish control over that thing ficwhen the thing is not in a place over which the person has control. Constructive possession mis in a place over which the persoeans the thing n has control, or in which the person has concealed it. If a thing is in a place over which the person does not have control, in order to establish constructive possession the State mu prove the persons (1) control over the st thing, (2) knowledge that the thing was within the persons presence, and (3) knowledge of the illicit nature of the thing. Possession may be joint, that is, two or more persons may jointly have possession of an article, exercising control over it. In that case, each of those persons is considered to be in possession of that article. If a person has exclusive possession of a thing, knowledge of its presence may be inferred or assumed. <<<<<<<<<********>>>>>>>>>>>>> 2 If a person does not have exclusive possession of a thing, knowledge of its presence may not be inferred or assumed. 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, or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes, but is not limited to: (1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived. (2) Kits used, intended for use, or designed for use in manufacturing, compounding converting, producing, processing, or preparing controlled substances. (3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance. (4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances. (5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances. (6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose used, intended for use, or designed for use in cutting controlled substances. (7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds fromherwise cleaning or refining, cannabis. , or in ot (8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances. (9) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging smquantities of controall lled substances. (10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances. <<<<<<<<<********>>>>>>>>>>>>> 3 (11) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body. (12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body, such as: (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls. (b) Water pipes. (c) Carburetion tubes and devices. (d) Smoking and carburetion masks. (e) Roach clips: meaning objects used to hold burning material, such as a cannabis cigarette, that has become too small or too short to be held in the hand. (f) Miniature cocaine spoons, and cocaine vials. (g) Chamber pipes. (h) Carburetor pipes. (i) Electric pipes. (j) Air-driven pipes. (k) Chillums. (l) Bongs. (m) Ice pipes or chillers. In addition to all other logically relevant factors, the following factors shall be considered in determining whether an object is drug paraphernalia: (1) Statements by an owner or by anyone in control of the object concerning its use. (2) The proximity of the object, in timnd space, to a direct violation of this e a act. <<<<<<<<<********>>>>>>>>>>>>> 4 (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 whom [he] [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 or dealer of 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