Florida criminal charge
Use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials in Florida
Current through 2026 Florida legislative session
Use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials is a criminal offense under Florida law, defined by Fla. Stat. § 893.147. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 893.147.
What is the penalty for use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Use or possession of drug paraphernalia — Using or possessing with intent to use drug paraphernalia to manufacture, prepare, store, or conceal a controlled substance, or to inject, ingest, inhale, or otherwise introduce a controlled substance into the human body.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Use or possession of drug paraphernalia — Using or possessing with intent to use drug paraphernalia to manufacture, prepare, store, or conceal a controlled substance, or to inject, ingest, inhale, or otherwise introduce a controlled substance into the human body.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Manufacture or delivery of drug paraphernalia — Delivering, possessing with intent to deliver, or manufacturing with intent to deliver drug paraphernalia knowing or having reason to know it will be used with a controlled substance.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Manufacture or delivery of drug paraphernalia — Delivering, possessing with intent to deliver, or manufacturing with intent to deliver drug paraphernalia knowing or having reason to know it will be used with a controlled substance.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Delivery of drug paraphernalia to a minor — A person 18 or older who violates subsection (2) by delivering drug paraphernalia to a person under 18 years of age.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Delivery of drug paraphernalia to a minor — A person 18 or older who violates subsection (2) by delivering drug paraphernalia to a person under 18 years of age.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Sale or delivery of hypodermic needles/syringes to a minor — Selling or delivering hypodermic syringes, needles, or similar injection objects to a person under 18, absent an exception for licensed practitioners, parents, guardians, or valid prescription.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Sale or delivery of hypodermic needles/syringes to a minor — Selling or delivering hypodermic syringes, needles, or similar injection objects to a person under 18, absent an exception for licensed practitioners, parents, guardians, or valid prescription.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Transportation of drug paraphernalia — Using, possessing with intent to use, or manufacturing with intent to use drug paraphernalia knowing or having reason to know it will be used to transport a controlled substance or contraband.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Transportation of drug paraphernalia — Using, possessing with intent to use, or manufacturing with intent to use drug paraphernalia knowing or having reason to know it will be used to transport a controlled substance or contraband.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Advertisement of drug paraphernalia — Placing an advertisement in a publication knowing or having reason to know its purpose is to promote the sale of drug paraphernalia.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Advertisement of drug paraphernalia — Placing an advertisement in a publication knowing or having reason to know its purpose is to promote the sale of drug paraphernalia.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Retail sale of drug paraphernalia — first violation — Knowingly and willfully selling or offering for sale at retail specified drug paraphernalia items, on a first violation.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Retail sale of drug paraphernalia — first violation — Knowingly and willfully selling or offering for sale at retail specified drug paraphernalia items, on a first violation.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Retail sale of drug paraphernalia — subsequent violation — Knowingly and willfully selling or offering for sale at retail specified drug paraphernalia items, upon a second or subsequent violation.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Retail sale of drug paraphernalia — subsequent violation — Knowingly and willfully selling or offering for sale at retail specified drug paraphernalia items, upon a second or subsequent violation.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Tableting/encapsulating machines and counterfeiting materials — general violation — Possessing, purchasing, delivering, selling, or possessing with intent to sell/deliver a tableting machine, encapsulating machine, or counterfeiting materials to manufacture a controlled or counterfeit substance, except as otherwise enhanced.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Tableting/encapsulating machines and counterfeiting materials — general violation — Possessing, purchasing, delivering, selling, or possessing with intent to sell/deliver a tableting machine, encapsulating machine, or counterfeiting materials to manufacture a controlled or counterfeit substance, except as otherwise enhanced.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Tableting/encapsulating machines and counterfeiting materials — enhanced substances — Violating subsection (7) knowing, intending, or having reasonable cause to believe the action will result in unlawful manufacture of a controlled or counterfeit substance containing specified dangerous substances such as cocaine, opium, methadone, fentanyl, or their analogs.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Tableting/encapsulating machines and counterfeiting materials — enhanced substances — Violating subsection (7) knowing, intending, or having reasonable cause to believe the action will result in unlawful manufacture of a controlled or counterfeit substance containing specified dangerous substances such as cocaine, opium, methadone, fentanyl, or their analogs.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Use or possession of drug paraphernalia | Misdemeanor of the First Degree | Using or possessing with intent to use drug paraphernalia to manufacture, prepare, store, or conceal a controlled substance, or to inject, ingest, inhale, or otherwise introduce a controlled substance into the human body. | Fla. Stat. § 893.147(1) |
| Manufacture or delivery of drug paraphernalia | Felony of the Third Degree | Delivering, possessing with intent to deliver, or manufacturing with intent to deliver drug paraphernalia knowing or having reason to know it will be used with a controlled substance. | Fla. Stat. § 893.147(2) |
| Delivery of drug paraphernalia to a minor | Felony of the Second Degree | A person 18 or older who violates subsection (2) by delivering drug paraphernalia to a person under 18 years of age. | Fla. Stat. § 893.147(3)(a) |
| Sale or delivery of hypodermic needles/syringes to a minor | Misdemeanor of the First Degree | Selling or delivering hypodermic syringes, needles, or similar injection objects to a person under 18, absent an exception for licensed practitioners, parents, guardians, or valid prescription. | Fla. Stat. § 893.147(3)(b) |
| Transportation of drug paraphernalia | Felony of the Third Degree | Using, possessing with intent to use, or manufacturing with intent to use drug paraphernalia knowing or having reason to know it will be used to transport a controlled substance or contraband. | Fla. Stat. § 893.147(4) |
| Advertisement of drug paraphernalia | Misdemeanor of the First Degree | Placing an advertisement in a publication knowing or having reason to know its purpose is to promote the sale of drug paraphernalia. | Fla. Stat. § 893.147(5) |
| Retail sale of drug paraphernalia — first violation | Misdemeanor of the First Degree | Knowingly and willfully selling or offering for sale at retail specified drug paraphernalia items, on a first violation. | Fla. Stat. § 893.147(6)(b) |
| Retail sale of drug paraphernalia — subsequent violation | Felony of the Third Degree | Knowingly and willfully selling or offering for sale at retail specified drug paraphernalia items, upon a second or subsequent violation. | Fla. Stat. § 893.147(6)(b) |
| Tableting/encapsulating machines and counterfeiting materials — general violation | Felony of the Third Degree | Possessing, purchasing, delivering, selling, or possessing with intent to sell/deliver a tableting machine, encapsulating machine, or counterfeiting materials to manufacture a controlled or counterfeit substance, except as otherwise enhanced. | Fla. Stat. § 893.147(7)(d)1. |
| Tableting/encapsulating machines and counterfeiting materials — enhanced substances | Felony of the Second Degree | Violating subsection (7) knowing, intending, or having reasonable cause to believe the action will result in unlawful manufacture of a controlled or counterfeit substance containing specified dangerous substances such as cocaine, opium, methadone, fentanyl, or their analogs. | Fla. Stat. § 893.147(7)(d)2. |
Common questions about use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials in Florida
Is use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials a felony or a misdemeanor in Florida?
It depends on the circumstances: use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials ranges from a Misdemeanor of the First Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 893.147.
Use or possession of drug paraphernalia: Misdemeanor of the First Degree (Fla. Stat. § 893.147(1)) · Manufacture or delivery of drug paraphernalia: Felony of the Third Degree (Fla. Stat. § 893.147(2)) · Delivery of drug paraphernalia to a minor: Felony of the Second Degree (Fla. Stat. § 893.147(3)(a)) · Sale or delivery of hypodermic needles/syringes to a minor: Misdemeanor of the First Degree (Fla. Stat. § 893.147(3)(b)) · Transportation of drug paraphernalia: Felony of the Third Degree (Fla. Stat. § 893.147(4)) · Advertisement of drug paraphernalia: Misdemeanor of the First Degree (Fla. Stat. § 893.147(5)) · Retail sale of drug paraphernalia — first violation: Misdemeanor of the First Degree (Fla. Stat. § 893.147(6)(b)) · Retail sale of drug paraphernalia — subsequent violation: Felony of the Third Degree (Fla. Stat. § 893.147(6)(b)) · Tableting/encapsulating machines and counterfeiting materials — general violation: Felony of the Third Degree (Fla. Stat. § 893.147(7)(d)1.) · Tableting/encapsulating machines and counterfeiting materials — enhanced substances: Felony of the Second Degree (Fla. Stat. § 893.147(7)(d)2.)
What are the penalties for use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials in Florida?
Penalties for use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Second Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials?
Use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials is governed by Fla. Stat. § 893.147 (Use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.