Florida Bong Law

Posted on October 07, 2013 by Jeffrey Feiler

There was a lot of hype surrounding Florida's passage of House Bill 49. Effective on July 1, 2013, this Bill prohibited tobacco shops from selling any glassware that could conceivably be used to ingest an illegal substance, such as marijuana. News headlines were roaring: "Florida Bans Bongs." The Huffington Post wrote an article emphasizing the Bill's draconian measures, saying that anyone caught selling bongs would receive a first-degree misdemeanor on their first violation and a felony on their second violation, fearing a wide-spread closure of tobacco shops in Florida. Other reputable news sites, and many uninformed smokers in general went further, saying any person caught with a pipe would be subject to those penalties.

A careful reading of the law, however, shows that all the controversy behind it is misplaced. The law actually does not change a thing for tobacco store-owners, who have always been prohibited from selling pipes to customers they know will use them for illegal purposes. The key word is knowingly and willingly. If a customer comes into the store and explicitly states that he is going to purchase a pipe to smoke marijuana, or mentions the slang names for pipes, such as "bongs," then the store may be liable if they execute a transaction. Tobacco store-owners usually show these irresponsible customers out the door.

Despite the law not changing much, there is still a risk for marijuana smokers and tobacco store-owners to be charged with possession of drug paraphernalia or intent to sell drug paraphernalia. Being charged with these crimes can lead to hefty fines, a permanent criminal record, impede one's ability to find a job, and even jail time. Fortunately, The Feiler Law Firm has over 30 years of experience successfully handling drug possession, possession of paraphernalia, and intent to sell drugs or paraphernalia cases. Miami criminal defense attorney Jeffrey Feiler has an excellent track record in getting drug cases dismissed or drug charges reduced. If you have recently been arrested for a drug charge, or are a tobacco store-owner and are seeking advice on how to comply with Florida's current paraphernalia laws, please call The Feiler Law Firm to handle your case and answer any of your questions.

If you have previously been arrested on a drug charge, The Feiler Law Firm also provides reputation management services that can help you keep your criminal record private, such as Florida Record Sealing, Florida Record Expungement, and a nation-wide Mugshot Removal Service. Miami Criminal Defense Attorney Jeffrey Feiler, and The Feiler Law Firm have successfully assisted many individuals remove their mugshot from the internet and get their records sealed and expunged. By getting your mugshot removed from the internet with The Feiler Law Firm, you can assure that prospective employers, family members, and friends will not see your mugshot on the internet, and you can rest assured that you will not be embarrassed by any unwanted attention.

If you have ever been charged with a drug crime or arrested on a drug charge, please call Miami Criminal Defense Attorney Jeffrey Feiler, and The Feiler Law Firm at 305-670-7700 and www.jeffreyfeiler.com to successfully handle your case, remove your mugshot from the internet, and seal or expunge your Florida record.

  • Broward, Florida
  • Miami-Dade, Florida
  • Palm Beach, Florida