Via the Taxgirl, Florida state Legislator Darryl Rouson has proposed a 5% tax on drug paraphernalia. The purpose of the tax would be to contribute the proceeds to help fund Florida drug addition and treatment programs.
This is certainly an interesting idea that is widely impractical.
Generally a criminal charge of possession of drug paraphernalia depends on the context of it’s use. You can be charged with possession of paraphenelia if the prosecution thinks it can make a case that what otherwise might be a common household item was being used to consume, use, package or prepare drugs. If a pile of drugs is found next to a scale and baggies, then a case can be argued that they are drug related items.
But in the context of a legal purchase, that distinction doesn’t make any sense. Does that mean Ziploc bags must have a 5% surcharge? A 2 liter soda bottle? Duct tape? The list of items that could be considered paraphernalia is huge, facinating, and strange.
I look forward to seeing how such legislation could be passed or implemented. More than likely, this idea will be buried before it gets very far along in the process.
If you are facing a criminal charge or drug possession, or drug paraphernalia in Florida, please contact us for a case evaluation on the charges you face. The initial legal consultation is absolutely free.