Drug Paraphernalia
Unlawful use, possession, manufacture, delivery, transportation, advertising, or retail sale of drug paraphernalia.
Florida Statute
§ 893.147
Use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Confirm the conduct, intended drug-related use, required knowledge, and any minor or repeat-retail-sale circumstance. The conduct determines the charge level.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Use or Possession With Intent to Use
F.S. § 893.147(1)
Use of, or possession with intent to use, drug paraphernalia for prohibited controlled-substance activity.
Manufacture or Delivery
F.S. § 893.147(2)
Delivery, possession with intent to deliver, or manufacture with intent to deliver paraphernalia with the required knowledge or reasonable-knowledge facts.
Adult Delivery to a Minor
F.S. § 893.147(3)(a)
A person age 18 or older delivers qualifying drug paraphernalia to a person under 18 under the delivery track.
Delivery of Syringes or Needles to a Minor
F.S. § 893.147(3)(b)
Unlawful sale or delivery of the listed injection objects to a minor outside the stated professional, parent, guardian, or valid-prescription exception.
Transportation
F.S. § 893.147(4)
Specified paraphernalia conduct with the required knowledge or reasonable-knowledge facts concerning transportation of a controlled substance or contraband.
Advertisement
F.S. § 893.147(5)
Knowingly, or with reasonable knowledge, placing an advertisement to promote the sale of drug paraphernalia.
Retail Sale — First Violation
F.S. § 893.147(6)
Knowingly and willfully selling or offering the covered paraphernalia at retail, subject to the statutory pipe exception.
Retail Sale — Second or Subsequent Violation
F.S. § 893.147(6)(b)
A second or later covered retail-sale violation.
Tableting, Encapsulating, or Counterfeiting Materials — General
F.S. § 893.147(7)(a), (d)1.
The prohibited possession, purchase, delivery, sale, or intent-to-sell/deliver track involving the listed machines or materials, outside a statutory exception.
Tableting, Encapsulating, or Counterfeiting Materials — Specified Controlled Substance
F.S. § 893.147(7)(d)2.
The same track when the person knows, intends, or has reasonable cause to believe it will result in unlawful manufacture of the specified higher-risk substance or counterfeit controlled substance.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1OR — Alternative
Paraphernalia conduct
The defendant engaged in the applicable paraphernalia conduct, such as use, possession with intent to use, delivery, manufacture for delivery, transportation, advertising, or retail sale.
Plain language: Identify the precise conduct. Classification changes substantially by track.
- Element 2Conditional
Intended use or knowledge
The paraphernalia was intended for, or the defendant knew or reasonably should have known it would be used for, prohibited controlled-substance activity when the selected track requires that proof.
Plain language: The intended drug-related use and required knowledge are central facts; the retail-sale rule has its own wording and exceptions.
Jury Instructions
Jury Instructions
Instruction 25.14
Use or Possession With Intent to Use Drug Paraphernalia
Florida Standard Jury Instruction for the F.S. § 893.147(1) track.
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 25.15
Retail Sale or Transportation of Drug Paraphernalia
Use the applicable 25.15 subinstruction for F.S. § 893.147 retail-sale or transportation conduct.
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Drug paraphernalia
Equipment, products, or materials used, intended for use, or designed for use in specified controlled-substance activity; see the statutory definition and applicable exceptions.
Additional Notes
Additional Notes
Quick Reference
Use or possession with intent to use is generally a first-degree misdemeanor; delivery, manufacturing for delivery, or transportation can be felonies.