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Florida ‘Bong Bill’ May Have Lost Its Bite, But Could Still Lead to Serious Charges

July 12th

GAINESVILLE, FL – On July 1, a new law went into effect that seeks to ban selling drug paraphernalia, like bongs, rolling papers and other implements used to smoke marijuana and ingest other controlled substances.  The law passed over the last legislative session, and was signed into law by Gov. Rick Scott in June.

The original legislation would have been much harsher, but those selling anything that might be construed as paraphernalia should still be cautious, as the resulting charges could still result in severe penalties, said Gainesville marijuana lawyer Dean Galigani.

“Some of the discussion around this bill seems to indicate that the bill is toothless, and it’s true that it could have been worse,” Galigani said. “But that doesn’t mean that there aren’t severe punishments that those charged with retail sale of paraphernalia might face.”

House Bill 49, which is now part of Florida Statutes section 893.147, amended the statute to outlaw retailers from selling or offering to sell several items listed in Florida’s paraphernalia law (Florida Statutes section 893.145), including any of many kinds of pipe other than those made of briar, meerschaum, clay or corn cob “knowingly and willfully.”

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Florida Bong Ban Takes Effect, But Is It Enforceable?

July 1st

TALLAHASSEE, FL —  As of today, the sale of most pipes, water pipes and bongs will be banned in Florida as a bill passed by lawmakers in April and signed by the Governor earlier this month takes effect.  But are they really banned?

Under the new law, it is now a first-degree misdemeanor for any retailer “to knowingly and willfully sell drug paraphernalia.”  Second and subsequent violations jump to a third-degree felony.

As initially drafted, House Bill 49 was intended to ban the sale of the following smoking devices:  metal, wooden, acrylic, glass, stone, plastic, or ceramic smoking pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls; water pipes; carburetion tubes and devices; chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes or chillers.

The only pipes that the bill specifies will still be allowed for sale in Florida must be made of briar, meerschaum, clay or corn cob.

The bill establishes five new crimes: use or possession of drug paraphernalia, manufacture or delivery of drug paraphernalia, delivery of drug paraphernalia to a minor, transportation of drug paraphernalia, and advertisement of drug paraphernalia.

“Rather than just regulating them, let’s just ban them,” Darryl Rouson (D-St. Petersburg), a recovering crack addict turned lawmaker who authored the bill. “If we can make people drive to Georgia and Alabama and South Ca. . . . . READ MORE

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Florida to Outlaw Sale of Most Pipes as ‘Bong Bill’ Takes Effect July 1

June 16th

TALLAHASSEE, FL —  In just two weeks, the sale of most pipes, water pipes and bongs will be outlawed in Florida as a bill passed by lawmakers in April and signed by the Governor earlier this month takes effect.

Florida lawmakers took the step in the wrong direction in April, with the Florida Senate passing House Bill 49 by a 31-2 vote just two days after the bill was passed in the House by a vote of 112-3, while continuing to ignore legislation to allow medical marijuana for the state’s sick and elderly.

Under the bill, which takes effect on July 1, 2013, the sale of virtually any type of smoking device will be outlawed, with criminal penalties imposed on offenders.

The only pipes — tobacco or otherwise — that will be allowed for sale in Florida must be made of briar, meerschaum, clay or corn cob. Any type of water-pipe would be prohibited.

Any retailer caught selling pipes made of other materials, including glass, would be charged with a first-degree misdemeanor.   Second and subsequent violations would jump to a third-degree felony.

The vague law does not specify if the ban applies to internet or mail order sales.

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