HOUSE OF REPRESENTATIVES STAFF ANALYSIS REFERENCE ACTION ANALYST STAFF DIRECTOR

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Easter Gilmore
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1 HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HB 1155 Use r Pssessin f Drug Paraphernalia SPONSOR(S): Glris and thers TIED BILLS: IDEN./SIM. BILLS: REFERENCE ACTION ANALYST STAFF DIRECTOR 1) Safety & Security Cuncil Kramer Havlicak 2) Plicy & Budget Cuncil 3) 4) 5) SUMMARY ANALYSIS The bill amends sectin , F.S. t prvide that it is a secnd degree felny t use, r pssess with intent t use, drug paraphernalia t manufacture, cmpund, cnvert, prduce, prcess, r prepare methamphetamine in vilatin f chapter 893. The permissible sentence fr a first time ffense with n ther sentencing factrs wuld range frm any nn-state prisn sanctin (such as jail, prbatin r a fine) up t fifteen years in prisn. This ffense is currently a first degree misdemeanr, punishable by up t ne year in cunty jail. This dcument des nt reflect the intent r fficial psitin f the bill spnsr r Huse f Representatives. STORAGE NAME: h1155.ssc.dc

2 FULL ANALYSIS A. HOUSE PRINCIPLES ANALYSIS: I. SUBSTANTIVE ANALYSIS Prvide limited gvernment/prmte persnal respnsibility: The bill increases the severity f a drug paraphernalia ffense frm a first degree misdemeanr t a secnd degree felny. B. EFFECT OF PROPOSED CHANGES: Drug paraphernalia: Sectin , F.S., defines drug paraphernalia as all equipment, prducts, and materials f any kind which are used, intended fr use, r designed fr use in planting, prpagating, cultivating, grwing, harvesting, manufacturing, cmpunding, cnverting, prducing, prcessing, preparing, testing, analyzing, packaging, repackaging, string, cntaining, cncealing, transprting, injecting, ingesting, inhaling, r therwise intrducing int the human bdy a cntrlled substance in vilatin f ch. 893, F.S., (the Flrida Cmprehensive Drug Abuse Preventin and Cntrl Act ) r s , F.S., (prscribing the inhalatin, ingestin, pssessin, sale, purchase, r transfer f harmful chemical substances). Further, s , F.S., prvides the fllwing nn-exclusive list f items that fall within the statutry definitin f drug paraphernalia : Kits used, intended fr use, r designed fr use in the planting, prpagating, cultivating, grwing, r harvesting f any species f plant which is a cntrlled substance r frm which a cntrlled substance can be derived. Kits used, intended fr use, r designed fr use in manufacturing, cmpunding, cnverting, prducing, prcessing, r preparing cntrlled substances. Ismerizatin devices used, intended fr use, r designed fr use in increasing the ptency f any species f plant which is a cntrlled substance. Testing equipment used, intended fr use, r designed fr use in identifying, r in analyzing the strength, effectiveness, r purity f, cntrlled substances. Scales and balances used, intended fr use, r designed fr use in weighing r measuring cntrlled substances. Diluents and adulterants, such as quinine hydrchlride, mannitl, mannite, dextrse, and lactse, used, intended fr use, r designed fr use in cutting cntrlled substances. Separatin gins and sifters used, intended fr use, r designed fr use in remving twigs and seeds frm, r in therwise cleaning r refining, cannabis. Blenders, bwls, cntainers, spns, and mixing devices used, intended fr use, r designed fr use in cmpunding cntrlled substances. Capsules, ballns, envelpes, and ther cntainers used, intended fr use, r designed fr use in packaging small quantities f cntrlled substances. Cntainers and ther bjects used, intended fr use, r designed fr use in string, cncealing, r transprting cntrlled substances. STORAGE NAME: h1155.ssc.dc PAGE: 2

3 Hypdermic syringes, needles, and ther bjects used, intended fr use, r designed fr use in parenterally injecting cntrlled substances int the human bdy. Objects used, intended fr use, r designed fr use in ingesting, inhaling, r therwise intrducing cannabis, ccaine, hashish, hashish il, r nitrus xide int the human bdy, such as: Metal, wden, acrylic, glass, stne, plastic, r ceramic pipes, with r withut screens, permanent screens, hashish heads, r punctured metal bwls. Water pipes. Carburetin tubes and devices. Smking and carburetin masks. Rach clips: meaning bjects used t hld burning material, such as a cannabis cigarette, that has becme t small r t shrt t be held in the hand. Miniature ccaine spns, and ccaine vials. Chamber pipes. Carburetr pipes. Electric pipes. Air-driven pipes. Chillums. Bngs. Ice pipes r chillers. A cartridge r canister, which means a small metal device used t cntain nitrus xide. A charger, smetimes referred t as a cracker, which means a small metal r plastic device that cntains an interir pin that may be used t expel nitrus xide frm a cartridge r cntainer. A charging bttle, which means a device that may be used t expel nitrus xide frm a cartridge r canister. A whip-it, which means a device that may be used t expel nitrus xide. A tank. A balln. A hse r tube. A 2-liter-type sda bttle. Duct tape Sectin , F.S., prvides that, in determining whether an bject is drug paraphernalia, a curt r ther authrity r jury must cnsider, in additin t all ther lgically relevant factrs, the fllwing factrs: Statements by an wner r by anyne in cntrl f the bject cncerning its use. The prximity f the bject, in time and space, t a direct vilatin f this act. The prximity f the bject t cntrlled substances. The existence f any residue f cntrlled substances n the bject. Direct r circumstantial evidence f the intent f an wner, r f anyne in cntrl f the bject, t deliver it t persns wh he r she knws, r shuld reasnably knw, intend t use the bject t facilitate a vilatin f this act. The inncence f an wner, r f anyne in cntrl f the bject, as t a direct vilatin f this act shall nt prevent a finding that the bject is intended fr use, r designed fr use, as drug paraphernalia. Instructins, ral r written, prvided with the bject cncerning its use. Descriptive materials accmpanying the bject which explain r depict its use. STORAGE NAME: h1155.ssc.dc PAGE: 3

4 Any advertising cncerning its use. The manner in which the bject is displayed fr sale. Whether the wner, r anyne in cntrl f the bject, is a legitimate supplier f like r related items t the cmmunity, such as a licensed distributr f r dealer in tbacc prducts. Direct r circumstantial evidence f the rati f sales f the bject r bjects t the ttal sales f the business enterprise. The existence and scpe f legitimate uses fr the bject in the cmmunity. Expert testimny cncerning its use. Sectin (1), F.S. prvides that it is unlawful fr any persn t use r t pssess with intent t use, drug paraphernalia: 1. T plan, prpagate, cultivate, grw, harvest, manufacture, cmpund, cnvert, prduce, prcess, prepare, test, analyze, pack, repack, stre, cntain r cnceal a cntrlled substance in vilatin f chapter T inject, ingest, inhale, r therwise intrduce int the human bdy a cntrlled substance in vilatin f chapter 893. A vilatin f this sectin is a first degree misdemeanr, punishable by up t ne year in cunty jail. This sectin makes it a third degree felny t deliver, pssess with intent t deliver, r manufacture with intent t deliver drug paraphernalia, knwing, r under circumstances where ne reasnably shuld knw, that it will be used: 1 T plant, prpagate, cultivate, grw, harvest, manufacture, cmpund, cnvert, prduce, prcess, prepare, test, analyze, pack, repack, stre, cntain, r cnceal a cntrlled substance in vilatin f ch. 893, F.S.; r T inject, ingest, inhale, r therwise intrduce int the human bdy a cntrlled substance in vilatin f ch. 893, F.S. If the persn cmmitting the delivery and manufacturing ffense delivered the drug paraphernalia t a minr, the persn cmmits a secnd degree felny. 2 Methamphetamine: Chapter 893, Flrida Statutes, is knwn as the Flrida Cmprehensive Drug Abuse Preventin and Cntrl Act. Sectin , F.S. divides cntrlled substances int five categries ranging frm Schedule I t Schedule V. The scheduling f a cntrlled substance is relevant t hw it can be prescribed and t the severity f the criminal ffense fr its illicit pssessin, sale r purchase. 3 Methamphetamine is a Schedule II cntrlled substance under Flrida law and federal law. 4 Methamphetamine is a highly addictive nerve stimulant fund in virtually every metrplitan area f the cuntry, accrding t the U.S. Drug Enfrcement Agency (DEA). In the United States, methamphetamines are either imprted by drug traffickers r manufactured in small clandestine labratries (usually husehld kitchens) using recipes invlving cmmnly available chemicals derived frm cld medicines, drain cleaners, ver-the-cunter diet pills, battery acid, and matches. 1 s (2), F.S. The ffense is ranked in level 2 f the ffense severity ranking chart. [s , F.S.] 2 s (3), F.S. 3 A drug in Schedule I has a high ptential fr abuse and has n currently accepted medical use in treatment in the United States. A drug in Schedule V has a lw ptential fr abuse relative t the substances in Schedule IV and has a currently accepted medical use in treatment in the United States, and abuse f such cmpund, mixture r preparatin may lead t limited physical r psychlgical dependence relative t the substances in Schedule IV. See s (1)-(5), F.S. 4 s (2)(c)4., F.S. and 21 U.S.C. 812 STORAGE NAME: h1155.ssc.dc PAGE: 4

5 Effect f bill: The bill amends sectin , F.S. t prvide that it is a secnd degree felny t use, r pssess with intent t use, drug paraphernalia t manufacture, cmpund, cnvert, prduce, prcess, r prepare methamphetamine in vilatin f chapter 893. The bill des nt rank the ffense in the ffense severity ranking chart. As a result, it will default t a level 4 ranking. The permissible sentence fr a first time ffense with n ther sentencing factrs wuld range frm any nn-state prisn sanctin (such as jail, prbatin r a fine) up t fifteen years in prisn. This ffense wuld currently be a first degree misdemeanr, punishable by up t ne year in cunty jail. C. SECTION DIRECTORY: Sectin 1. Amends s , F.S. relating t use, pssessin, manufacture, delivery, transprtatin r advertisement f drug paraphernalia. Sectin 2. Prvides effective date f July 1, II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT A. FISCAL IMPACT ON STATE GOVERNMENT: 1. Revenues: Nne. 2. Expenditures: On March 6, 2007, the Criminal Justice Impact Cnference met and determined that the prisn bed impact f this bill is indeterminate, but ptentially significant. Data are nt available n the current number f arrests fr drug paraphernalia in which the ffense is related t the manufacture f methamphetamine. B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 1. Revenues: Nne. 2. Expenditures: Nne. C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: Nne. D. FISCAL COMMENTS: See abve. A. CONSTITUTIONAL ISSUES: III. COMMENTS 1. Applicability f Municipality/Cunty Mandates Prvisin: The bill appears t be exempt frm the requirements f Article VII, Sectin 18 f the Flrida Cnstitutin because it is a criminal law. STORAGE NAME: h1155.ssc.dc PAGE: 5

6 2. Other: Nne. B. RULE-MAKING AUTHORITY: Nne. C. DRAFTING ISSUES OR OTHER COMMENTS: Nne. D. STATEMENT OF THE SPONSOR N statement submitted. IV. AMENDMENTS/COUNCIL SUBSTITUTE CHANGES STORAGE NAME: h1155.ssc.dc PAGE: 6

CHAPTER 34 LINN COUNTY DRUG PARAPHERNALIA ORDINANCE

CHAPTER 34 LINN COUNTY DRUG PARAPHERNALIA ORDINANCE TABLE OF CONTENTS 34.1 Definitions 34.2 Possession of Drug Paraphernalia 34.3 Manufacture or Delivery of Drug Paraphernalia 34.4 Effective Date LINN