DRUG PARAPHERNALIA ABATEMENT TASK FORCE - Pinellas County

47 Pages·2006·1.08 MB·English

DRUG PARAPHERNALIA ABATEMENT
TASK FORCE

REPORT TO THE
PINELLAS BOARD OF COUNTY COMMISSIONERS
AND THE PINELLAS COMMUNITY

June 22, 2006
Appendix F
DRUG PARAPHERNALIA ABATEMENT TASK FORCE

REPORT TO THE COUNTY COMMISSION

Executive Summary
Illicit drug use is a major problem in communities across the nation. Pinellas County
is no exception. The impact of illegal drugs on neighborhoods, families and
communities is substantial, including drug related violence, addiction, and family
impacts.
There is also a financial cost to our community, including lost productivity, and the
cost of combating illegal drugs. For fiscal year 2006, for example, Pinellas County will
spend over $8 million on drug enforcement, drug court and drug treatment costs.
Illicit drugs sales, and its associated crime, destroy the fiber of neighborhoods, and
slowly strips addicted users of their ability to function as contributing members of our
community. Drug violence results in dozens of assaults and homicides in Pinellas
Count every year. Illegal drug sales also impact the criminal justice system and
detention facilities, with approximately 1,080, or 30% of the County’s 3,600 inmates
imprisoned for drug related crimes.
Drug Paraphernalia is a contributing factor to the substance abuse problem in
Pinellas County. Law Enforcement, recovering addicts, and drug treatment
professionals identify Drug Paraphernalia as an enabler of illicit drug use. Given the
high cost of drug enforcement, treatment, and the impact of drug related crime on
our communities, we must take steps to eliminate the open sale of drug
paraphernalia in retail stores, gas stations, flea markets, and other retail outlets in
Pinellas County.
With that goal in mind, the Pinellas County Commission passed resolution 05-195 on
October 11th, 2005. The resolution created a countywide, 15 member Drug
Paraphernalia Abatement Task Force (DPATF). This Task Force is comprised of
elected officials, as well as representatives from local law enforcement, neighborhood
associations, the Pinellas Youth Advisory Council, and drug treatment providers.
The Task Force’s mission was to receive testimony on the prevalence of drug
paraphernalia retailers in Pinellas county, and the impact of drug paraphernalia on
illicit drug use in Pinellas county. The Task Force has received such testimony and
relevant statistical information. The findings and recommendations of the Drug
Paraphernalia Abatement Task Force (DPATF) are detailed on next page of this
report.

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The major recommendations of the Drug Paraphernalia
Abatement Task Force report include:
1. Support of Statewide initiatives to control the sale of drug paraphernalia,
specifically Representative Frank Peterman’s House Bill 35 and Senator Wise’s
Senate Bill 100 (2006 regular legislative session) and future legislation aimed
at controlling the sale of drug paraphernalia.
2. A countywide ordinance, based in part on the Hollywood, FL ordinance,
imposing limits on the age of customers, display of drug paraphernalia,
advertising, and lowering the standard for retailers’ “reasonable” knowledge of
the use of their products for the purposes of illicit drug use.
3. Educational initiatives to inform parents, children and other community
stakeholders of the types and availability of drug paraphernalia, and the signs
of illegal drug use.
4. Letters of information to local drug paraphernalia retailers and their corporate
parents.
5. Community, school and neighborhood outreach and information efforts,
including partnering with the Juvenile Welfare Board to disseminate information
on drug paraphernalia and drug use in our community.
6. Other recommendations for consideration include additional zoning restrictions,
bar coding of drug paraphernalia, and occupational licenses.

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Appendix F
DRUG PARAPHERNALIA ABATEMENT TASK FORCE

REPORT TO THE COUNTY COMMISSION

Table of Contents
Executive Summary.....................................................................2
Table of Contents ........................................................................4
Task Force Membership & Methodology...........................................5
Drug Paraphernalia in Pinellas County ............................................5
Types of Drug Paraphernalia.......................................................5
Retail Outlets in Pinellas County..................................................9
Drug Paraphernalia Crime Statistics...........................................10
Community Impacts of Drug Paraphernalia.................................10
Recommendations to the Board of County Commissioners...............16
1) Support for State Drug Paraphernalia Legislation .................16
2) Local Ordinance................................................................16
3) Educational Initiatives.......................................................17
4) Letter to local retailers and their Corporate Parents...............17
5) Community Outreach ........................................................18
6) Other Considerations ........................................................18
Appendices...............................................................................19
Appendix A - Pinellas County Resolutions ...................................19
Appendix B – Drug Paraphernalia Task Force Members.................25
Appendix C – Retail Locations...................................................26
Appendix D – Youth Substance Abuse Survey .............................28
Appendix E – Client Surveys.....................................................31
Appendix F - Proposed Drug Paraphernalia Ordinance……..…….……. 34
Appendix G - Drug Paraphernalia Advertising in Pinellas County ....42
Appendix H - Pinellas Drug Enforcement and Treatment Costs ......47

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REPORT TO THE COUNTY COMMISSION

Task Force Membership & Methodology
The DPATF represents key stakeholder groups in our community, including six
elected officials (including the Pinellas County Sheriff and 6th Circuit State Attorney),
representatives of the Clearwater and St. Petersburg police departments, the Police
Standards Council, Pinellas School district, north and south county neighborhood
organizations, drug treatment providers, and a member of the Pinellas Youth
Advisory Council (see appendix b).
The Drug Paraphernalia Abatement Task Force received testimony and comment
from law enforcement representatives, drug treatment providers, drug paraphernalia
vendors, and interested citizens. All meetings were advertised and open to the
public. The Task Force also researched existing drug paraphernalia laws at the local,
state and federal level. The Task Force then developed a set of recommended actions
to be included in the Task Force’s report to the Board of County Commissioners and
the citizens of Pinellas county.
Drug Paraphernalia in Pinellas County
Types of Drug Paraphernalia
Section 893.145, Florida Statutes, defines “drug paraphernalia” as 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, transporting, injecting,
ingesting, inhaling, or otherwise introducing into the human body a controlled
substance in violation of chapter 893, F.S. (the “Florida Comprehensive Drug Abuse
Prevention and Control Act”), or s. 877.111, F.S. (proscribing the inhalation,
ingestion, possession, sale, purchase, or transfer of harmful chemical substances).
Further, section 893.145, F.S., provides the following non-exclusive list of items that
fall within the statutory definition of “drug paraphernalia”:
• Kits used, intended for use, or designed for use in the 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.
• Kits used, intended for use, or designed for use in manufacturing, compounding,
converting, producing, processing, or preparing controlled substances.
• Isomerization devices used, intended for use, or designed for use in increasing
the potency of any species of plant which is a controlled substance.
• Testing equipment used, intended for use, or designed for use in identifying, or
in analyzing the strength, effectiveness, or purity of, controlled substances.

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DRUG PARAPHERNALIA ABATEMENT TASK FORCE

REPORT TO THE COUNTY COMMISSION

Types of Drug Paraphernalia (cont.)
• Scales and balances used, intended for use, or designed for use in weighing or
measuring controlled substances.
• Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite,
dextrose, and lactose, used, intended for use, or designed for use in cutting
controlled substances.
• Separation gins and sifters used, intended for use, or designed for use in removing
twigs and seeds from, or in otherwise cleaning or refining, cannabis.
• Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or
designed for use in compounding controlled substances.
• Capsules, balloons, envelopes, and other containers used, intended for use, or
designed for use in packaging small quantities of controlled substances.
• Containers and other objects used, intended for use, or designed for use in storing,
concealing, or transporting controlled substances.
• Hypodermic syringes, needles, and other objects used, intended for use, or
designed for use in parenterally injecting controlled substances into the human body.
• Objects used, intended for use, or designed for use in ingesting, inhaling, or
otherwise introducing cannabis, cocaine, hashish, hashish oil, or nitrous oxide into
the human body, such as:
° Chamber pipes ° Bongs ° A 2-liter-type soda bottle
° Electric pipes ° Chillums ° A tank
° Air-driven pipes ° Ice pipes or chillers ° A balloon
° Carburetor pipes ° A hose or tube ° Duct tape
° Water pipes ° Carburetion tubes ° Carburetion devices
° Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without
screens, permanent screens, hashish heads, or punctured metal bowls.
° Smoking and carburetion masks.
° Roach clips: meaning objects used to hold
burning material, such as a cannabis cigarette, that
has become too small or too short to be held in the
hand.
° Miniature cocaine spoons, and cocaine vials.

Drug Pipes

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DRUG PARAPHERNALIA ABATEMENT TASK FORCE

REPORT TO THE COUNTY COMMISSION

Types of Drug Paraphernalia (cont.)

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

° 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.

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

° A whip-it (or whippet), which means a device that
may be used to expel nitrous oxide.

Drug Paraphernalia confiscated by
Pinellas County Law Enforcement
Agencies

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Appendix F
DRUG PARAPHERNALIA ABATEMENT TASK FORCE

REPORT TO THE COUNTY COMMISSION

Inhalants
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 Federal Drug Enforcement Agency
sites inhalants as one of the first substances abused by
children. Survey data indicates that about 15 to 20 percent
of junior and senior high school students have tried
inhalants with about 2 to 6 percent reporting current use.
The gas used as a propellant in canned whipped cream and
in small lavender metallic containers called "whippets"
(used to make whipped cream) is nitrous oxide or Inhalants
"laughing gas"--the same gas used by dentists for anesthesia. Several Drug
Paraphernalia retailers in Pinellas County advertise and sell “whippets” (see
advertisements below). The JWB/Operation PAR 2004 substance abuse survey
showed a significant increase in inhalant use by 6th grade students.

The chronic use of inhalants has been associated
with a number of serious health problems,
including kidney abnormalities, liver damage,
memory impairment, attention deficits, and
diminished non-verbal intelligence. Deaths
resulting from heart failure, asphyxiation, or
aspiration have also occurred.1
Local advertisement of “Whippets”

1 Drug Enforcement Agency website. (n.d.). Retrieved May 07, 2006, from
http://www.dea.gov/concern/inhalants.html

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Appendix F
DRUG PARAPHERNALIA ABATEMENT TASK FORCE

REPORT TO THE COUNTY COMMISSION

Retail Outlets in Pinellas County
There are a number of retail outlets which have sold, or are currently selling
drug paraphernalia in Pinellas County, according to data from Pinellas law
enforcement agencies. These retailers included convenience stores, gas
stations, and dedicated retail outlets, commonly known as “head shops”. Many
are in close proximity to elementary, middle and high schools. The following
map provides a graphic snapshot of current and former retail establishments
which have been identified by law enforcement as drug paraphernalia
vendors.2

Drug Paraphernalia Retailers

Elementary, Middle and High Schools

2 Web Enforcer Database 05.10.06; See Appendix C for Retailer list.

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Appendix F
DRUG PARAPHERNALIA ABATEMENT TASK FORCE

REPORT TO THE COUNTY COMMISSION

Drug Paraphernalia Crime Statistics
An analysis of the Consolidated Justice Information System (CJIS) shows that
from January 1, 2005 thru December 31, 2006 approximately 1533 cases
related to drug paraphernalia were entered into the system by local law
enforcement agencies. This calculates to an average of more than 120 drug
paraphernalia cases per month, and is another strong indicator of the linkage
between drug paraphernalia and illegal drug use.

Source: Pinellas County Consolidated Justice Information System
Community Impacts of Drug Paraphernalia
Neighborhood Impacts
The sale of drug paraphernalia in or near residential neighborhoods has a
negative effect on neighborhood image and character. Local neighborhood
associations and crime watch organizations work to rid neighborhoods of illegal
drug sales and reduce the associated criminal activity. The existence of a head
shop or other drug paraphernalia retailers undermine these neighborhood
safety and revitalization efforts.
School Impacts
Drug paraphernalia sales and illicit drug use directly and indirectly impact our
young people. Pinellas County Schools report that 166 students were arrested
on drugs or drug paraphernalia charges during the – ‘04-’05 school year.

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