§ 86-106. Definitions.

For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Cannabis means all parts of the plant of the species cannabis sativa, l., including all varieties thereof, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake; or the sterilized seed of the plant which is incapable of germination.

Close proximity means within 1,000 feet on a straight line commencing at the property lines nearest to each other.

Controlled substance means any drug or substance as described and defined in F.S. § 893.03, 893.035 or 893.036; which are adopted by reference.

Deliver or delivery means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

Drug paraphernalia means all equipment, products and materials of any kind which are used in converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, inhaling or otherwise introducing into the human body a controlled substance in violation of subsection 86-109(b) below, as further defined and enumerated in the definition of the term instrument herein.

Inhalants are a diverse group of substances that include volatile solvents, gases, and nitrites that are sniffed, snorted, huffed, or bagged to produce intoxicating effects similar to alcohol. The gas used as a propellant in canned whipped cream and in small metallic containers called "whippets" (used to make whipped cream) is nitrous oxide or "laughing gas" — the same gas used by dentists for anesthesia.

Instrument means a device designed for use or intended for use in ingesting, smoking, administering or preparing marijuana, cocaine, phencyclidine, opium or any derivative thereof, or any other controlled substance. For purposes of this subsection, the phrase "intended for use" shall refer to the intent of the person selling, offering to sell, dispensing, giving away or displaying the instrument herein defined. In determining whether an item constitutes an "instrument," the following items shall be considered:

(1)

Whether a person or business establishment charged with violating this section is a licensed distributor or dealer of tobacco products by the state.

(2)

Expert testimony as to the principal use of the devices, articles or contrivances claimed to be instruments.

(3)

Evidence concerning the total business of a person or business establishment and the type of devices, articles, contrivances or items involved in the business.

(4)

National and local advertising concerning the use of the devices, articles or contrivances claimed to be instruments.

(5)

Evidence of advertising concerning the nature of the business establishment.

(6)

Devices within the meaning of this definition include, but are not limited to the following:

(a)

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;

(b)

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

(c)

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

(d)

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

(e)

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;

(f)

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

(g)

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

(h)

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

(i)

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

(j)

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

1.

Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

2.

Water pipes;

3.

Carburetion tubes and devices;

4.

Smoking and carburetion masks;

5.

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;

6.

Miniature cocaine spoons and cocaine vials;

7.

Chamber pipes;

8.

Carburetor pipes;

9.

Electric pipes;

10.

Air-driven pipes;

11.

Chillums;

12.

Bongs;

13.

Ice pipes or chillers;

14.

Cigarette papers or rollers designed for smoking any controlled substance.

Minor means any person who has not attained 18 years of age.

Patient means, as the case may be:

(1)

The individual for whom a drug is prescribed or to whom a drug is administered; or

(2)

The owner or the agent of the owner of the animal for which a drug is prescribed or to which a drug is administered.

Person means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity.

Pharmacist means an individual currently licensed by the Florida Health Department Board of Pharmacy, to practice the profession of pharmacy in this state.

Place of display means any museum, library, school or other similar public place upon which business is not transacted for a profit.

Practitioner means a physician (M.D. or D.O.), dentist, podiatrist, veterinarian, scientific investigator or other person licensed, registered or otherwise authorized by law to administer and prescribe, use in teaching or chemical analysis, or conduct research with respect to a controlled substance in the course of professional practice and research.

Premises means a business establishment and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of patrons.

Premises open to minors means any business establishment which sells its wares or merchandise to minors or which permits minors to enter into its place of business.

Prescription drug means:

(1)

Substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopeia of the United States, or official national formulary or any supplement to any of them;

(2)

Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals;

(3)

Substances (other than food) intended to affect the structure or any function of the body of man or animals;

(4)

Substances intended for use as a component of any article specified in subsections (1)—(3) hereinabove. It does not include devices or their components, parts or accessories;

(5)

Obtained by written order and, in cases of emergency, a telephone order, issued by a practitioner in good faith in the course of his professional practice to a pharmacist for a drug for a particular patient, which specifies the date of its issue, the name and address of the patient (and, if such drug is prescribed for an animal, the species of such animal), the name and quantity of the drug prescribed, the directions for use of such drug, and the signature of such practitioner.

Production includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance.

School means any public or private elementary, middle school or high school.

Simulated drugs and simulated controlled substances means any products which identify themselves by using a common name or slang term associated with a controlled substance or indicate by label or accompanying promotional material that the product simulates the effect of a controlled substance or drug.

Somnifacient and stimulating is the meaning attributable in standard medical lexicons.

(Ord. No. 06-73, § 2, 10-10-06)