§ 21-21.3. Prohibition of sale of drug-related paraphernalia.

Definition: Drug-related paraphernalia means any device, contrivance or instrument as defined in Florida Statutes Sections 893.145 and 893.146.

Prohibitions:

(1)

It is unlawful for any person to own, possess, have under his control, sell or deliver any paraphernalia with the intent that the paraphernalia be used for unlawfully injecting, smoking, swallowing or using an illegal drug.

(2)

It is unlawful to sell to any person younger than twenty-one (21) years of age any paraphernalia that can be used for injecting, smoking, swallowing, processing or storing an illegal drug. This provision shall not apply to the dispensation of hypodermic syringes, needles or other such objects pursuant to a valid prescription by a licensed practitioner, parent, or legal guardian or pharmacist.

(3)

It is unlawful to sell to any person twenty-one (21) years of age and older any paraphernalia which can be used for injecting, smoking, swallowing, processing or storing an illegal drug, if a reasonable person would know that person is acting as a straw purchaser for a person younger than twenty-one (21) years of age.

Penalties. For the first offense of any provision in this Section may result in a criminal penalty of up to two thousand dollars ($2,000.00) and up to sixty (60) days imprisonment. Any subsequent offense of any provision of this Section may result in a criminal penalty of up to two thousand dollars ($2,000.00), up to sixty (60) days of imprisonment and the revocation of all County Occupational Licenses and Certificates of Operation.

(Ord. No. 00-20, § 1, 2-24-00)