Insane Bong & Pipe Ban signed by FL Gov Rick Scott. 2x = Felony!

Submitted by WildSatchmo in June 2013

That’s right, starting July 1st smoking devices are now illegal in Florida. Anyone found in possession of a pipe two times (even if it has never been used) becomes a third degree felon. In Florida, this means you are permanently banned from voting. For a fucking pipe.

With one swoop of the pen Rick Scott may have put thousands of companies out of business, and their employees looking for jobs. They also need to offload their entire inventory before July 1st when the bill goes into effect (yea, only a couple weeks from now).

The bill I’m talking about is FL HB49 / SB1140

Specifically the bill bans:

(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls
(b) Water pipes.
(c) Carburetion tubes and devices.
(d) Chamber pipes.
(e) Carburetor pipes.
(f) Electric pipes.
(g) Air-driven pipes.
(h) Chillums.
(i) Bongs.
(j) Ice pipes or chillers.

Bill Text: http://www.myfloridahouse.gov/Sections/Bills/billsdetail.asp…

See for yourself. Governer’s Action: Approved
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.asp…

From the final report:
Establishes the following five drug paraphernalia crimes:
1. use or possession of drug paraphernalia
2. manufacture or delivery of drug paraphernalia
3. delivery of drug paraphernalia to a minor
4. transportation of drug paraphernalia
5. advertisement of drug paraphernalia

Another disturbing revelation in the final analysis of the bill:

“…the Criminal Justice Impact Conference determined that SB 1140, which is similar to
CS/CS/HB 49, will increase the state prison bed population….”

The criminal justice committee met about the bill and noted in their summary:
“The bill may have a negative fiscal impact on state and local governments.”

“it may
have a negative prison bed impact on the Department of Corrections.”

“The bill does not appear to have any impact on state revenues.”

My previous post on this issue: http://www.dailypaul.com/283832/insane-bill-banning-bongs-pi…

Aaaaand.. Rick Scott’s facebook page.

https://www.facebook.com/scottforflorida?fref=ts

  1. You all need to either get out of that state or recall this idiot. First he gives the banks free reign now to steal your homes quicker and now you can get a felony for having a pipe (new or used); with no evidence of drugs and lose your right to vote…when did this become a dictatorship? Get rid of him or move to another state, because this guy is definitely on a power trip and is going to ruin the sunshine state!

    • ok? lol the evil is flaring too much in Florida… the brave ones in Florida are slowly uniting and gaining strength against those assholes.

  2. This is the wording of the actual HB49 that passed:

    Be It Enacted by the Legislature of the State of Florida:
    Section 1. Subsection (6) is added to section 893.147, Florida Statutes, to read: 893.147 Use, possession, manufacture, delivery, transportation, or advertisement, or retail sale of drug paraphernalia.—
    (6) RETAIL SALE OF DRUG PARAPHERNALIA.—
    (a) It is unlawful for a person to knowingly and willfully sell or offer for sale at retail any drug paraphernalia described in s. 893.145(12)(a)-(c) or (g)-(m), other than a pipe that is primarily made of briar, meerschaum, clay or corn cob.
    (b) A person who violates paragraph (a) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and, upon a second or subsequent violation, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    Section 2. This act shall take effect July 1, 2013.

  3. http://www.huffingtonpost.com/2013/04/25/florida-bong-ban-passes_n_3156442.html – But before passing, the bill was watered down to make it “unlawful for a person to knowingly and willfully sell or offer for sale at retail any drug paraphernalia… other than a pipe that is primarily made of briar, meerschaum, clay or corn cob.”

    Retailers, however, can still sell the devices for use with tobacco

  4. What this means is that shops can still sell you people just not those that make it evident that they are going to use for other then tobacco. If you go to buy a piece, have a bag of tobacco in your car.

  5. This law does not make affect civilians possessing pipes, only people selling them.

    • Is that what you’ll tell the cop when you get illegally searched?

  6. So how does this affect privately owned hookahs and hookah lounges in Florida seeing as how they are legitimately used for tobacco?

  7. Pretty sure you’re wrong on this one, man. The new law states “it is unlawful for a person to knowingly and willingly sell or offer for sale at retail any drug paraphernalia described in s. 893.145(12) (a)-(c) or (g)-(m)”

    Then when you go to the law it references “Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, hashish oil, or nitrous oxide into the human body” and then it lists the water pipes, etc.

    So it sounds like you can’t sell them if they are intended to smoke illegal drugs. Which just means they’re going to continue calling them “water pipes” and throw you out if you call anything a bong.

    Mind you I have no background in law, but that’s how I’m reading this. Also, if all the smoke shops weren’t going to be able to sell pipes starting 2 weeks from now, they’d already be shutting down.

  8. Actually, it appears that the bill bans just the sale of pipes, not possession. Makes it slightly better, but not much.

  9. To clarify a little better, this new “law” simply makes changes to the existing drug paraphernalia law. The changes it makes relates to the “retail sale” of paraphernalia. It doesn’t make any changes to the law regarding possession of paraphernalia or even to the definition(s) of paraphernalia except to make exceptions for the sale of some really traditional pipe styles. Anything that was listed as paraphernalia before, still is–and this includes most types of pipes. However, to be paraphernalia, they must be intended for drug use. The same loophole that currently applies will continue to apply–head/smoke shops are naturally selling tobacco pipes. ;)

    • Are you another cop dying to get rich off destroying the lives of pot smokers and their loved ones?

  10. This is only set to make it illegal to sell a pipe to someone if their intention is to use it for marijuana or other controlled substances.

    So really this bill does nothing. It was just a waste of tax dollars.

    • Thats political talk, the cops will use it against the community, for greedy profits. Perhaps you are a cop lol

      • Yeah man, that makes sense. Having paraphernalia on you was already illegal, this doesn’t change anything.

        Doesn’t really matter though, I smoke in public in central florida regularly and have never had any trouble with the law, pipe or blunt in hand.

    • vjimatjijoro
    • June 17th, 2013

    and when was this ever put to the PEOPLE of Florida? More of the same crap from government, they do want they want when they want, without asking any residents, citizens or PEOPLE of Florida.

  11. This is ridiculous. Florida…come on!!!

    • mark5542012
    • June 18th, 2013

    Umm… bad law, but it doesn’t say “possession” it says “sale”

    http://www.thedailychronic.net/2013/23838/florida-to-outlaw-sale-of-most-pipes-as-bong-bill-takes-effect-july-1/

  12. Learn to read, the bill says NOTHING about possession being an offense. It ONLY refers to sale of a pipe for drug use. It’s just a stupid, ineffectual law that won’t really change anything.

  13. This article isn’t entirely accurate. The pipe DOES have to have been used, and it has to have been used for marijuana use (not tobacco) to be charged. Vendors can also still sell them as long as they are for tobacco use (how the policy has always been) and at least 75% of their sales are tobacco products. It’s still a ridiculous law and Rick Scott is still an idiot. http://www.huffingtonpost.com/2013/06/18/florida-bong-ban_n_3460175.html

  14. Sounds to me like a class action suit prejudicial to tobacco pipe smokers throughout Florida waiting to happen, and speaking of which, come on smokers, what do you say? Let’s get one of those Florida famous lawyers that stand up for people’s rights and get a petition for a class action suit started. The United States Government has been saying for years that discrimination is against the law – let’s put that to the test…

  15. This is just insanity. All that this will serve to do is put more undeserving people into prisons. Fortunately, the governor underestimates the creativity of stoners.

    • mikeycooper
    • June 18th, 2013

    The “2x felony” punishment is only for retail sales, not possession.

    • http://www.flsenate.gov/Session/Bill/2013/1140
      Check it out. the amended it to include:
      Section 1. Subsection (6) is added to section 893.147,
      12 Florida Statutes, to read:
      13 893.147 Use, possession, manufacture, delivery,
      14 transportation, or advertisement, or retail sale of drug
      15 paraphernalia.—

      • The bill also states, “It is important to note the items included as drug paraphernalia in s. 893.145, F.S., are not illegal to
        possess unless they are used, intended for use, or designed for use in a specified manner (e.g., intended to be
        used for growing a controlled substance).”
        So if you have a new, un-used bowl in your pocket and it’s not accompanied by drugs, it’s not a crime.

    • StrengthThruTheNight
    • June 18th, 2013

    I may be missing something, but the charges are pertaining to selling these items. It doesn’t say anything about an individual having one in their possession.
    Here’s what I read: “The bill amends s. 893.147, F.S., to make it a first degree misdemeanor for a person to knowingly and willfully
    sell or offer for sale at retail any of the drug paraphernalia listed in s. 893.145(12)(a)-(c) and (g)-(m), F.S., and
    a second or subsequent violation a third degree felony. The drug paraphernalia included are:
    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.”
    Am I wrong?

    • StrengthThruTheNight
    • June 18th, 2013

    The bill also states, “It is important to note the items included as drug paraphernalia in s. 893.145, F.S., are not illegal to
    possess unless they are used, intended for use, or designed for use in a specified manner (e.g., intended to be
    used for growing a controlled substance).”
    So if you have a new, un-used bowl in your pocket and it’s not accompanied by drugs, it’s not a crime.

  16. I’m sorry but whoever wrote this article is uninformed. No law has passed banning pipes in Florida. Please educate yourself on current events before stating something as if its the truth or the law. There was a bill proposed to ban pipes and such but that bill did not pass. A different bill however did pass. The bill states that you cannot knowingly sell a pipe for any illegal use or sell as paraphernalia. The fact that you wrote an article without any review of the actual law is pretty silly to me. So many people have taken your article seriously and i suggest you completely delete it. If you have any questions feel free to reply.

    • They modified the bill shortly after I exposed it, now it’s different lulz.

  17. Does that also mean vaporizers are banned? If so its like a complete disregard for peoples health as they enable people to take tobacco and cannabis completely safely with no harm to health whatsoever. Also whats the point on banning drug paraphenalia anyway when cannabis will be completely legal in florida in the near future as we all know is going to happen one day

  18. The republicans are still trying to put us all in prison to replace slave labor. As you can tell, this policy has worked wonders for the economy in the last thirty years.

    • Republicans? Do your homework, dude. The sponsor of the bill was Daryl Rouson, a prominent Democrat in Florida’s legislature who was just elected to their leadership position for 2014. He’s a self-admitted former crack addict who was once thrown out of a smoke shop for asking for a “rock pipe.” He’s been on the warpath against smoke shops ever since, calling them “the hypocrisy of our society.” In 2010, he pushed House Bill 187 through, which requires that pipes make up no more than 25% of a store’s daily revenue. So, you can throw out blanket statements all you want and buy into the age old fallacy that Democrats are our friends and Republicans are stuffy old puritanical bastards, but it’s myopic and misinformed. Neither side is your friend. They’re both made up of power-grabbing, pandering demagogues who will piss all over your rights in a second if it gains them favor with their constituents. Wake up. The concept of linear politics where it’s the Dems on one side and the Pubs on the other is nothing more than a ploy to keep us distracted. The quicker we can realize this, the better chance we have of getting the power back where it belongs: in the hands of the people.

  19. Here is the Bill & the link to the site too http://www.flsenate.gov/Session/Bill/2013/1140

    Florida Senate – 2013 PROPOSED COMMITTEE SUBSTITUTE
    Bill No. CS for SB 1140

    Barcode 877400

    576-03639-13
    Proposed Committee Substitute by the Committee on Appropriations
    (Appropriations Subcommittee on Criminal and Civil Justice)
    1 A bill to be entitled
    2 An act relating to drug paraphernalia; amending s.
    3 893.147, F.S.; prohibiting the retail sale of certain
    4 drug paraphernalia; providing criminal penalties;
    5 repealing s. 569.0073, F.S., relating to the retail
    6 sale of certain smoking pipes and smoking devices;
    7 providing an effective date.
    8
    9 Be It Enacted by the Legislature of the State of Florida:
    10
    11 Section 1. Subsection (6) is added to section 893.147,
    12 Florida Statutes, to read:
    13 893.147 Use, possession, manufacture, delivery,
    14 transportation, or advertisement, or retail sale of drug
    15 paraphernalia.—
    16 (6) RETAIL SALE OF DRUG PARAPHERNALIA.—
    17 (a) It is unlawful for a person to knowingly and willfully
    18 sell or offer for sale at retail any drug paraphernalia
    19 described in s. 893.145(12)(a)-(c) or (g)-(m), other than a pipe
    20 that is primarily made of briar, meerschaum, clay or corn cob.
    21 (b) A person who violates paragraph (a) commits a
    22 misdemeanor of the first degree, punishable as provided in s.
    23 775.082 or s. 775.083, and, upon a second or subsequent
    24 violation, commits a felony of the third degree, punishable as
    25 provided in s. 775.082, s. 775.083, or s. 775.084.
    26 Section 2. Section 569.0073, Florida Statutes, is repealed.
    27 Section 3. This act shall take effect July 1, 2013.

    • here is the link to the other bill associated with this. http://www.flsenate.gov/Session/Bill/2013/0049
      CS/CS/HB 49, Engrossed 1 2013 Legislature
      CODING: Words stricken are deletions; words underlined are additions.
      hb0049-04-er
      Page 1 of 1
      F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
      1
      An act relating to drug paraphernalia; amending s. 2 893.147, F.S.; prohibiting the retail sale of certain 3 drug paraphernalia; providing criminal penalties; 4 providing an effective date. 5
      6
      Be It Enacted by the Legislature of the State of Florida: 7
      8
      Section 1. Subsection (6) is added to section 893.147, 9 Florida Statutes, to read: 10
      893.147 Use, possession, manufacture, delivery, 11 transportation, or advertisement, or retail sale of drug 12 paraphernalia.— 13
      (6) RETAIL SALE OF DRUG PARAPHERNALIA.— 14
      (a) It is unlawful for a person to knowingly and willfully 15 sell or offer for sale at retail any drug paraphernalia 16 described in s. 893.145(12)(a)-(c) or (g)-(m), other than a pipe 17 that is primarily made of briar, meerschaum, clay or corn cob. 18
      (b) A person who violates paragraph (a) commits a 19 misdemeanor of the first degree, punishable as provided in s. 20 775.082 or s. 775.083, and, upon a second or subsequent 21 violation, commits a felony of the third degree, punishable as 22 provided in s. 775.082, s. 775.083, or s. 775.084. 23
      Section 2. This act shall take effect July 1, 2013.

  20. Reblogged this on Ganja Vibes and commented:
    What a shame. There are so many other truly important issues. How much more time will be wasted on distractions instead of progress for Florida?

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