Florida § 893.146 - Determination of paraphernalia.
Full text of Florida Florida Statutes § 893.146 — Determination of paraphernalia., with citation guidance and answers to common questions.
§ 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.
Source: official Florida text · Last verified 2026-08-27
Frequently Asked Questions About Florida § 893.146
What does Florida Statutes § 893.146 cover?
Section 893.146 ("Determination of paraphernalia.") is part of the Florida Statutes, the codified statutory law of Florida. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Florida § 893.146?
A common citation format is "Florida Statutes § 893.146" (Florida). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Florida law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Florida official source linked on this page or consult a licensed Florida attorney.
How does Florida § 893.146 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Florida can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Florida.