Drug Paraphernalia (Fla. Stat. 893.147) — Escambia County Jail View Guide
DRUG EQUIP-POSSESS on Escambia County Jail View is possession or use of drug paraphernalia under Florida Statute 893.147(1). It shows as F M, a first-degree misdemeanor, punishable by up to 1 year in county jail and a $1,000 fine. It’s often booked with a drug possession charge from the same stop.
On this page
How it looks on Jail View
[+] 893.147.1 · ECSO26OFF000000 (ESCAMBIA COUNTY SHERIFF’S OFFICE) · DRUG EQUIP-POSSESS · F · M · $500.00 AND OR USE
“AND OR USE” is the detail line: the statute covers both using and possessing with intent to use paraphernalia.
What counts as paraphernalia in Florida
Under §893.03 and §893.145–.147, drug paraphernalia is equipment used, or intended to be used, to grow, make, package, store, test, inject, inhale or otherwise take a controlled substance. Common examples in arrest reports:
- pipes, bongs and “crack pipes” / glass stems,
- syringes (outside legal programs),
- small baggies, scales and grinders when tied to drug use,
- spoons, burnt foil, straws or cut-down pens with residue.
Whether an item counts depends on intent — the officer’s report usually points to residue, where the item was found, or statements made. Everyday items aren’t paraphernalia on their own.
Penalties and related offenses
| Offense | Statute | Level | Maximum |
|---|---|---|---|
| Use or possession with intent to use | 893.147(1) | First-degree misdemeanor | 1 year, $1,000 |
| Delivery, possession with intent to deliver, or manufacture | 893.147(2) | Third-degree felony | 5 years, $5,000 |
| Delivery to a minor | 893.147(3) | Second-degree felony | 15 years, $10,000 |
Bond and what happens next
Paraphernalia alone usually has a small scheduled bond (for example $500 on typical daily lists) and is handled in county court. When it’s booked with a felony possession charge, the whole booking follows the felony’s path. First-time cases are often good candidates for misdemeanor diversion. Ask the defense attorney. Pretrial diversion & release
What the State has to prove
To convict someone of possession or use of paraphernalia under §893.147(1), prosecutors generally must show that the person:
- possessed the item (actual possession, or joint or constructive possession — knowing it was there and having control over it), and
- used or intended to use it with a controlled substance.
Residue on the item, where it was found, other evidence nearby and anything the person said all go toward proving intent.
Common defenses
- No knowledge or control — for example, a pipe found in a shared car or room.
- No intent — the item has an ordinary lawful use, and nothing ties it to drug use.
- Unlawful search — if the item was found during an unconstitutional stop or search, a motion to suppress can exclude it.
- Lawful medical marijuana use — registered patients can have certain delivery devices for marijuana bought from a licensed treatment center.
How these cases usually end
First-time paraphernalia charges are often resolved with misdemeanor diversion (classes, fees, sometimes a drug evaluation), a withhold of adjudication, fines or short probation. Paraphernalia booked together with a felony possession charge usually follows the felony case. Our drug possession guide covers that path.
Frequently asked questions
Is paraphernalia a misdemeanor in Florida?
Yes. Using or possessing drug paraphernalia with intent to use it is a first-degree misdemeanor under Florida Statute 893.147(1), punishable by up to one year in county jail and a $1,000 fine. Selling or delivering paraphernalia is a third-degree felony, and delivering it to a minor is more serious.
Can you go to jail for paraphernalia in Escambia County?
The maximum is one year in county jail, but first-time paraphernalia cases often end with fines, probation or misdemeanor diversion rather than jail. It usually has a small scheduled bond. The outcome depends on the facts, any related possession charge and the person’s criminal history.
General information, not legal advice.
Sources: Fla. Stat. §893.147 · Escambia County Pre-Trial Diversion