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Editor: Will Hanlon & Charlie Lambert
Profession: Tampa Defense Attorneys

Category: Criminal Law

CASE #06-CF-00818; 06-CF-00817; 06-CF-00816; Judge Debra Behnke; Date: December 20, 2006

FACTS: The defendant was arrested for selling pipes for the specific purpose of smoking crack cocaine. It is legal to sell the pipes, but not for the purpose of smoking crack. Florida Statute 893.147 was designed to punish any person who promotes their smoking pipes for the purpose of using controlled substances. According to the statute, "It is ulawful for any person to deliver, possess with intent to deliver... drug paraphernalia, knowing or under circumstances where one should reasonably know, that it will be used to introduce a controlled substance into the human body". The undercover law enforcement officer entered a convenient store where the defendant was working the cash register. He approached the defendant and asked if he had any pipes to smoke crack for sale. Supposedly, the defendant pulled out a box of pipes and sold them to the undercover officer.

DEFENSE: The defendant is an immigrant that spoke very little english. There was a serious question as to whether understood the officer. Unfortunately, while the storeowner makes money from the sale of these items he assumes no risk of criminal charges.

RESULT: The charges were dismissed.