Fla. Stat. § 893.147
Drug Paraphernalia
Everyday objects can become "paraphernalia" depending on context and intent. Here is how the statute defines it and why intent is where these cases are won.
Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183).
Last reviewed: June 2026
What Counts as Paraphernalia
Under § 893.147, it is unlawful to use or possess with intent to use drug paraphernalia. The definition is broad — pipes, bongs, rolling papers, scales, baggies, and even ordinary household items can qualify depending on how they are used or intended to be used.
The Governing Statute
Fla. Stat. § 893.147 — Use or Possession of Drug Paraphernalia
"It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia … to plant, propagate, cultivate, grow, harvest, manufacture, [or] … introduce into the human body a controlled substance."
Read the full statute on Online Sunshine →
Because so many items have legitimate uses, intent and context are central. A scale in a kitchen is a scale; the same scale with drug residue in a car is another matter.
The Actual Penalties
Paraphernalia — Statutory Penalties
Possession/use of paraphernalia: First-degree misdemeanor — up to 1 year in jail or probation, up to $1,000 fine.
Delivery of paraphernalia, or delivery to a minor, carries enhanced penalties.
Though a misdemeanor, a conviction still creates a criminal record.
Delivery of paraphernalia, or delivery to a minor, carries enhanced penalties.
Though a misdemeanor, a conviction still creates a criminal record.
What a Defense Attorney Looks For
- Intent. The State must prove the item was intended for drug use — the central and often weakest element.
- The search. If the paraphernalia was found through an unlawful search, it can be suppressed.
- Whether it’s a standalone charge or tacked onto a possession case — resolution strategy differs.
- Diversion eligibility, which can keep a misdemeanor off your record.
Frequently Asked Questions
Is possession of drug paraphernalia a felony in Florida?
No. Simple possession or use of drug paraphernalia under § 893.147 is a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine. Delivery, especially to a minor, carries enhanced penalties.
What counts as drug paraphernalia in Florida?
The definition is broad — pipes, bongs, rolling papers, scales, baggies, and even ordinary items can qualify depending on use and intent. Because many items have legitimate uses, intent and context are central.
Can a paraphernalia charge be dismissed?
Possibly. Because the State must prove the item was intended for drug use, that intent can be challenged. An unlawful search or eligibility for a diversion program may also resolve the charge.
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
This page summarizes Fla. Stat. § 893.147 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.