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news local-beat Florida "Bong Bill" Passes
Selling paraphernalia will put retailers one toke over the line
By BRIAN HAMACHER
Updated 11:51 PM EDT, Wed, Apr 28, 2010

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Hey stoners, if you're in need of a bong or pipe, you'd be wise to buy one while you can.

A bill passed Wednesday will make it illegal in Florida to sell the drug paraphernalia in most head shops.

The so-called "Bong Bill" passed by the Senate and then overwhelmingly passed 115-0 in the House now heads to Gov. Crist for final approval.

The bill prohibits the sale of the items by businesses that don't make at least 75 percent of their money from tobacco sales or make over 25 percent from sale of the prohibited items.

Violators could face up to a year in jail.

The bill, sponsored by Rep. Darryl Rouson, of St. Petersburg, would go into effect July 1.

“I’ve been fighting the pipe industry for the longest, because it is all a part of the drug trade and the criminal enterprise that we know exists and destroys neighborhoods, families and order in our society,” Rouson said earlier this month.

The head shops aren't fooling Rouson when they say the pipes and bongs are used for legal tobacco.

“When is the last time you stopped at a red light and saw someone smoking a hit of tobacco out of one of these one-shooters or water pipes?” said Rouson.

Last year, Rouson also proposed HB 187, which calls for an extra sales tax on smoking paraphernalia, because he wanted to use the revenue for DARE (Drug Abuse Resistance Education) programs, that were being cut.

“Florida has a conscience and an awareness that marijuana and the smoking and ingesting of it is not healthy for an individual, nor is it healthy for public safety and the order in society,” Rouson said.

Looks like we won't be cracking this list anytime soon.

http://www.nbcmiami.com/news/local-beat/Florida-Bong-Bill-Passes-92329309.html

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This bill (SB 366) goes beyond banning just glass and includes pretty much any pipe one can imagine. I suspect the exemption was to allow tobacconists (75% exemption) and drug/grocery stores (25% exemption) to continue to sell tobacco pipes not bongs. Looks like vaporizers are also included under the "electric pipes" wording.

Bill Text for those interested:
Code:

An act relating to retail sales of smoking pipes and
smoking devices; creating s. 569.0073, F.S.;
prohibiting retail sales of certain smoking pipes and
smoking devices under certain circumstances;
specifying criteria for the lawful sales of such
items; providing a criminal penalty for unlawful sales
of such items; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 569.0073, Florida Statutes, is created
to read:
569.0073 Special provisions; smoking pipes and smoking
devices.—
(1) It is unlawful for any person to offer for sale at
retail any of the items listed in subsection (2) unless such
person:
(a) Has a retail tobacco products dealer permit under s.
569.003. The provisions of this chapter apply to any person that
offers for retail sale any of the items listed in subsection
(2); and
(b)1. Derives at least 75 percent of its annual gross
revenues from the retail sale of cigarettes, cigars, and other
tobacco products; or
2. Derives no more than 25 percent of its annual gross
revenues from the retail sale of the items listed in subsection
(2).
(2) The following smoking pipes and smoking devices are
subject to the provisions of this section:
(a) Metal, wooden, acrylic, glass, stone, plastic, or
ceramic smoking pipes, with or without screens, permanent
screens, or punctured metal bowls.
(b) Water pipes.
(c) Carburetion tubes and devices.
(d) Chamber pipes.
(e) Carburetor pipes.
(f) Electric pipes.
(g) Air-driven pipes.
(h) Chillums.
(i) Bongs.
(j) Ice pipes or chillers.
(3) Any person who violates this section commits a
misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
Section 2. This act shall take effect July 1, 2010.

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