Florida's New Ban on Paraphernalia Could Have Been Worse, But Still Warrants Caution, says Destin Marijuana Defense Lawyer
Destin, FL (PRWEB) July 29, 2013 -- New legislation regarding drug paraphernalia in Florida has gone into effect on July 1. The ban on selling items such as bongs, rolling papers, and other implements for smoking marijuana or other drugs was passed during the last legislative session and signed into law by Governor Rick Scott in June.
Florida Statute section 893.147 now includes House Bill 49, which states that a retailer may not "knowingly and willingly" sell drug paraphernalia including a multitude of pipes, other than those made of briar, clay, corn cobs, or meerschaum. The results from the debate over the language of the bill has led retailers to breathe a sigh of relief, but Destin marijuana attorney Clay Adkinson warns that caution should still be exercised.
"There are still very serious consequences that retailers may face if they aren't appropriately careful about selling their products." Adkinson says that the new legislation is just one of the ways that Florida's low tolerance for drug use is manifesting.
The bill, as first proposed by drug prohibition supporter Rep. Darryl Rouson, initially omitted the specification that the merchandise must be sold "knowingly and willingly". This led to an outcry from retailers who demanded that the intent of sellers be taken into consideration, according to the Orlando Sentinel ("Florida smoke shops breathe easy after pipe ban fizzles," July 6, 2013).
They feared that any product used for drug use could be traced back to a seller and considered grounds for prosecution, whether the product was even intended for paraphernalia or not. Owners of smoke shops and other retailers across the state banded together, and their protests succeeded, according to the Sentinel. Before its adoption, the bill was changed to state that a retailer can only be held accountable if they knew that the merchandise was being purchased for illegal drug use.
Even with the revised language softening the blow for retailers, Adkinson urges them not to overlook potential problems.
"Retailers just need to be strict and smart about selling their products," said the Destin marijuana defense lawyer. "You never know who might be an undercover officer, and the penalties are just not worth that extra sale."
If a retailer is prosecuted for knowingly selling drug paraphernalia, they face a first-degree misdemeanor, which can carry up to a year of jail time and / or a fine of up to $1000. However, subsequent convictions can results in higher penalties, such as prison terms up to 5 years and fines up to $5,000.
The good news for shops, though, is that most of them already have policies of not selling to those who state or imply that the merchandise will be used for illegal drug consumption, Adkinson said. Even before the new law, most shops would refuse service in these cases and request that the individual leave the premises, he continued.
The new legislation enforces the need to refuse sales to those who voice their intentions to use purchases for cannabis or other controlled substances.
It will be extremely difficult for a prosecutor to establish that a retailer had knowledge that the product would be used by a buyer as paraphernalia.
"Few stores will be directly affected by the new law because of practices that were already in place. However, if businesses don't enforce their policies, they can now face even stricter penalties than before." Adkinson said.
That shouldn't keep store owners from staying on their toes about the intent of their customers, however, he continued. The law establishes that serious consequences await retailers who pretend that they didn't hear comments about marijuana and other drug use from potential customers, he said.
Clay Adkinson, of the Adkinson Law Firm, LLC, is a Destin criminal defense lawyer who represents those accused of marijuana offense, drug offenses, DUI and other charges.
Clay Adkinson, Adkinson Law Firm, LLC, http://www.adkinsonlaw.com/, (850) 892-5195, [email protected]
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