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AB861,17 25Section 17. 961.571 (1) (ac) of the statutes is created to read:
AB861,12,2
1961.571 (1) (ac) Notwithstanding s. 961.01 (4), “controlled substance” does not
2include tetrahydrocannabinols or marijuana.
AB861,18 3Section 18. 961.571 (1) (b) 4. of the statutes is created to read:
AB861,12,44 961.571 (1) (b) 4. Marijuana paraphernalia.
AB861,19 5Section 19. 961.571 (1) (c) (intro.) and 2. (intro.) of the statutes are created to
6read:
AB861,12,147 961.571 (1) (c) (intro.) “Marijuana paraphernalia” means all equipment,
8products and materials of any kind that are used, designed for use or primarily
9intended for use in planting, propagating, cultivating, growing, harvesting,
10manufacturing, compounding, converting, producing, processing, preparing,
11testing, analyzing, packaging, repackaging, storing, containing, concealing,
12ingesting, inhaling or otherwise introducing into the human body
13tetrahydrocannabinols or marijuana in violation of this chapter. “Marijuana
14paraphernalia" includes, but is not limited to, any of the following:
AB861,12,1715 2. (intro.) Objects used, designed for use or primarily intended for use in
16ingesting, inhaling or otherwise introducing marijuana into the human body, such
17as:
AB861,20 18Section 20. 961.572 (1m) of the statutes is created to read:
AB861,12,2119 961.572 (1m) In determining whether an object is marijuana paraphernalia,
20a court or other authority shall consider, in addition to all other legally relevant
21factors, the following:
AB861,12,2322 (a) Statements by an owner or by anyone in control of the object concerning its
23use.
AB861,12,2524 (b) The proximity of the object, in time and space, to a direct violation of this
25chapter.
AB861,13,1
1(c) The proximity of the object to marijuana.
AB861,13,22 (d) The existence of any residue of marijuana on the object.
AB861,13,83 (e) Direct or circumstantial evidence of the intent of an owner, or of anyone in
4control of the object, to deliver it to persons whom he or she knows intend to use the
5object to facilitate a violation of this chapter; the innocence of an owner, or of anyone
6in control of the object, as to a direct violation of this chapter shall not prevent a
7finding that the object is designed for use or primarily intended for use as marijuana
8paraphernalia.
AB861,13,99 (f) Instructions, oral or written, provided with the object concerning its use.
AB861,13,1110 (g) Descriptive materials accompanying the object that explain or depict its
11use.
AB861,13,1212 (h) Local advertising concerning its use.
AB861,13,1313 (i) The manner in which the object is displayed for sale.
AB861,13,1614 (j) Whether the owner, or anyone in control of the object, is a legitimate supplier
15of like or related items to the community, such as a licensed distributor or dealer of
16tobacco products.
AB861,13,1717 (k) The existence and scope of legitimate uses for the object in the community.
AB861,13,1818 (L) Expert testimony concerning its use.
AB861,21 19Section 21. 961.573 (title) of the statutes is amended to read:
AB861,13,20 20961.573 (title) Possession of drug or marijuana paraphernalia.
AB861,22 21Section 22. 961.573 (1m) of the statutes is created to read:
AB861,14,222 961.573 (1m) No person may use, or possess with the primary intent to use,
23marijuana paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture,
24compound, convert, produce, process, prepare, test, analyze, pack, repack, store,
25contain, conceal, inject, ingest, inhale or otherwise introduce into the human body

1marijuana or tetrahydrocannabinol in violation of this chapter. Any person who
2violates this subsection may be subject to a civil forfeiture of no more than $10.
AB861,23 3Section 23. 961.574 (title) of the statutes is amended to read:
AB861,14,5 4961.574 (title) Manufacture or delivery of drug or marijuana
5paraphernalia.
AB861,24 6Section 24. 961.574 (1m) of the statutes is created to read:
AB861,14,137 961.574 (1m) No person may deliver, possess with intent to deliver, or
8manufacture with intent to deliver, marijuana paraphernalia, knowing that it will
9be primarily used to plant, propagate, cultivate, grow, harvest, manufacture,
10compound, convert, produce, process, prepare, test, analyze, pack, repack, store,
11contain, conceal, inject, ingest, inhale or otherwise introduce into the human body
12marijuana or tetrahydrocannabinol in violation of this chapter. Any person who
13violates this subsection may be subject to a civil forfeiture of not more than $10.
AB861,25 14Section 25. 961.577 of the statutes is amended to read:
AB861,14,19 15961.577 Municipal ordinances. Nothing in this subchapter precludes a city,
16village, or town from prohibiting conduct that is the same as that prohibited by s.
17961.573 (1), (1m), or (2), 961.574 (1), (1m), or (2), or 961.575 (1) or (2) or a county from
18prohibiting conduct that is the same as that prohibited by s. 961.573 (1), (1m), or (2),
19961.574 (1), (1m), or (2), or 961.575 (1) or (2).
AB861,14,2020 (End)
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