Title: Nicotine-Dispensing Devices

Summary: Includes nicotine-dispensing devices intended for specified uses in definition of term "drug paraphernalia" that is deemed contraband; conforms provisions.

Full Text:
An act relating to nicotine-dispensing devices; amending s. 893.145, F.S.; including nicotine dispensing devices intended for specified uses in the definition of the term "drug paraphernalia" that is deemed contraband; amending s. 893.147, F.S.; conforming provisions to changes made by the act; reenacting s. 893.12(2)(a), F.S., relating to contraband seizure, forfeiture, and sale, for the purpose of i ncorporating the amendment made by this act to s. 893.145, F.S., in a reference thereto; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (12) of section 893.145, Florida Statutes, is re numbered as subsection (13) and amended, and a new subsection (12) is added to that section, to read: 893.145 "Drug paraphernalia" defined.-The term "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended fo ruse, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, transporting, inje cting, ingesting, inhaling, or otherwise introducing into the human body a HB 2015 controlled substance in violation of this chapter or s. 877.111. Drug paraphernalia is deemed to be contraband which shall be subject to civil forfeiture. The term includes, but is not limited to: (12) Nicotine-dispensing devices, as defined in s. 877.112, used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body. (13)(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cannabinoids, cocaine, hashish, hashish oil, or nitrous oxide into the human body, such as: (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or witho ut 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 cigare tte, 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. HB 2015 (k) Chillums. (l) Bongs. (m) Ice pipes or chillers. (n) A cartridge or canister, which means a small metal device used to contain nitrous oxide. (o) A charger, sometimes referred to as a "cracker," which means a small metal or plastic device that contains an interior pin that may be used to expel nitrous oxide from a cartridge or container. (p) A charging bottle, which means a device that may be used to expel nitrous oxide from a cartridge or canister. (q) A whip-it, which means a device that may be used to expel nitrous oxide. (r) A tank. (s) A balloon. (t) A hose or tube. (u) A-liter-type soda bottle. (v) Duct tape. (w) Nicotine-dispensing devices, as defined in s. 877.112. Section 2. Paragraph (a) of subsection (6) of section 893.147, Florida St atutes, is amended to read: 893.147 Use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia.-(6) RETAIL SALE OF DRUG PARAPHERNALIA.-(a) It is unlawful for a person to knowingly and willfully HB 2015 sell or offer for sale at retail any drug paraphernalia described in s. 893.145(13)(a)-(c) or (g)-(m) 893.145(12)(a)-(c) or (g)-(m), other than a pipe that is primarily made of briar, meerschaum, clay, or corn cob. Section 3. For the purpose of incorporatin gthe amendment made by this act to section 893.145, Florida Statutes, in a reference thereto, paragraph (a) of subsection (2) of section 893.12, Florida Statutes, is reenacted to read: 893.12 Contraband; seizure, forfeiture, sale.-(2)(a) Any vessel, vehicle, aircraft, or drug paraphernalia as defined in s. 893.145 which has been or is being used in violation of any provision of this chapter or in, upon, or by means of which any violation of this chapter has taken or is taking place may be seized and forfeited as provided by the Florida Contraband Forfeiture Act. Section 4. This act shall take effect October 1, 2015.