§ 110.22. Definitions.  


Latest version.
  • Controlled substance shall mean any substance named or described in Sections 1 through 5 of Section 893.03, Florida Statutes, and used in violation thereof.

    Drug paraphernalia means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of Chapter 893, Florida Statutes, unless otherwise lawfully permitted by Section 381.986, Florida Statutes as may be amended from time to time and/or applicable Florida Department of Health Regulations related to Medical Marijuana. In addition, the term "drug paraphernalia" includes but is not limited to the following:

    (1)

    Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

    (2)

    Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;

    (3)

    Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

    (4)

    Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of, controlled substances;

    (5)

    Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

    (6)

    Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;

    (7)

    Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

    (8)

    Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;

    (9)

    Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

    (10)

    Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;

    (11)

    Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;

    (12)

    Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing non-Medical Marijuana, cocaine, hashish, or hashish oil into the human body, such as:

    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.

    Smoking and carburetion masks;

    e.

    Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

    f.

    Miniature cocaine spoons, and cocaine vials;

    g.

    Chamber pipes;

    h.

    Carburetor pipes;

    i.

    Electric pipes;

    j.

    Air-driven pipes;

    k.

    Chillums;

    l.

    Bongs;

    m.

    Ice pipes or chillers;

    n.

    A cartridge or canister, which means a small metal device used to contain nitrous oxide;

    o.

    A charger, sometimes referred to as a "cracker," which means a small metal or plastic device that contains an interior pin that may be used to expel nitrous oxide from a cartridge or container;

    p.

    A charging bottle, which means a device that may be used to expel nitrous oxide from a cartridge or canister;

    q.

    A whip-it, which means a device that may be used to expel nitrous oxide;

    r.

    A tank;

    s.

    A balloon;

    t.

    A hose or tube;

    u.

    A 2-liter-type soda bottle;

    v.

    Duct tape;

    w.

    Blunts, such as hollowed-out cigars.

    Low-THC Cannabis. Any plant(s) or part of a plant(s) of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization as specified in Section 381.986(1), F.S., as may be amended from time to time.

    Medical Cannabis. All parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds or resin that is dispensed only from a dispensing organization for medical use by an eligible patient as defined in Section 499.0295, F.S. as specified in Section 381.986(1), F.S., as may be amended from time to time.

    Medical Marijuana Dispensing Facility or Dispensing Facility. A facility where Low-THC and/or Medical Cannabis is dispensed at retail.

    Medical Marijuana Dispensing Organization or Dispensing Organization. An organization approved by the Florid Department of Health to cultivate, process, transport, and dispense low-THC cannabis or medical cannabis pursuant to this section as specified in Section 381.986(1), F.S., as may be amended from time to time.

    Medical Marijuana Treatment Center (MMTC). An entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Florida Department of Health.

    Medical Marijuana. Medical Cannabis and/or Low-THC Cannabis lawfully prescribed to a qualifying patient pursuant to Florida law and the Department of Health's regulations.

(Ord. No. 08-133, § 2, 12-8-08; Ord. No. 17-51, § 2, 8-14-17)