Paraphernalia with residue of SALVIA (legal drug)

[MonarchX]

What is the name of your state? Florida

You get pulled over by police. They search your car and find paraphernalia (pipe/bowl) with residue of Salvia (legal, but not widely known drug). They find no marijuana and maybe some Salvia itself. They write you a ticket for possession of drug paraphernalia and do not confiscate it.

1. What do you do?

Legally I thought they have to run lab tests (to find traces of THC) but the hell would do that?

If you present your pipe in court then you can't prove its exactly the same one presented to the police officer.

Considering you are a college student, who would believe that you truly used it for Salvia and not Marijuana?

2. Is it still illegal to have a pipe if no Marijuana or any other illegal drug was ever placed in it and lab tests prove that?

 

[xylene]

Please rephrase your question NOT as a hypothetical.

Use the past tense to describe events that have occurred, and the future tense to discuss possible outcomes.

 

[FlyingRon]

Just because you can show that you might have some perhaps legal use for the pipe (or whatever it is) doesn't mean it doesn't fit the definition of illegal paraphernalia. Otherwise everybody would be buying those cute little pipes for tobacco use...wink wink...nudge...nudge

 

[MonarchX]

Just because you can show that you might have some perhaps legal use for the pipe (or whatever it is) doesn't mean it doesn't fit the definition of illegal paraphernalia. Otherwise everybody would be buying those cute little pipes for tobacco use...wink wink...nudge...nudge

So its legal to buy and not legal to use even for tobacco? But it IS legal to sell eh?

 

[CavemanLawyer]

Under Florida Law (XLVI 893.145) any "Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls." is considered drug paraphernalia.

But under (XLVI 893.147) its not enough to just possess such an item, you must possess it with the intent to use it "To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter."

If salvia indeed is not a prohibited controlled substance under Florida law, than you are not guilty of possession of drug paraphernalia, but that is a question of fact for the judge or jury.

XLVI 893.146 has a very long list of factors that the trier of fact must consider in determining whether the item was paraphernalia as you possessed it. The State has the burden of proving their case, but they don't necessarily have to have scientific evidence to do that. It comes down to what the judge or jury believes.

 

[MonarchX]

Under Florida Law (XLVI 893.145) any "Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls." is considered drug paraphernalia.

But under (XLVI 893.147) its not enough to just possess such an item, you must possess it with the intent to use it "To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter."

If salvia indeed is not a prohibited controlled substance under Florida law, than you are not guilty of possession of drug paraphernalia, but that is a question of fact for the judge or jury.

XLVI 893.146 has a very long list of factors that the trier of fact must consider in determining whether the item was paraphernalia as you possessed it. The State has the burden of proving their case, but they don't necessarily have to have scientific evidence to do that. It comes down to what the judge or jury believes.

Now that makes sense.

 

[helpforfriend]

im am not completely clear on florida law, but in georgia if you are in possession of a pipe and you are not in possession of pipe tobacco, it is assumed the pipe is drug paraphenelia and you can be convicted in court because of the absence of pipe tobacco to use the pipe, when they are sold they are sold as tobacco pipes

 

[Ultranothing]

Buy pipe tobacco...