(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRUG PARAPHERNALIA. Includes 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. The term includes, but is not limited to:
A. Kits for use in the planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or that from which a controlled substance can be derived;
B. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing a controlled substance;
C. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
D. Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances;
E. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
F. Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose used, intended for use or designed for use in diluting, mixing and/or preparing controlled substances;
G. Separation gins and sifters used, intended for use or designing for use in removing twigs and seeds from, or in otherwise cleaning or refining cannabis;
H. Containers intended for use, or designed for use, in compounding 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; and
J. Objects including, but not limited to, rolling papers, used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing cannabis, 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 materials such as a cannabis cigarette that has become too small or 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; and
13. Ice pipes or chillers.
PERSON. Includes an individual, firm, company, partnership, corporation or other entity.
(b) Determination. In determining whether an object is drug paraphernalia, a court or other authority or jury shall consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) The proximity of the object, in time and space, to conduct or other objects which indicates a violation of the provisions of this section;
(3) The proximity of the object to controlled substances;
(4) The existence of any residue of controlled substance on the object;
(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this section. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia;
(6) Instructions, oral or written, provided with the object concerning its use;
(7) Descriptive materials accompanying the object which explain or depict its use;
(8) Any advertising concerning its use;
(9) The manner in which the object is displayed for sale;
(10) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(11) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
(12) The existence and scope of legitimate uses for the object in the community; and
(13) Expert testimony concerning its use.
(c) Unlawful conduct. Unless otherwise permitted under the Medical Marijuana Act of April 17, 2016 (P.L. 84, No. 16) (35 P.S. §§ 10231 et seq.), as amended, the use, possession, sale, manufacture, distribution, delivery, purchase and advertisement of drug paraphernalia shall be regulated as follows.
(1) It shall be unlawful for any person in the township to use, possess with intent to use, drug paraphernalia for one or more purposes stated in this section.
(2) It shall be unlawful for any person, firm or corporation to deliver, furnish or transfer or possess with intent to deliver, furnish or transfer drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used for one or more purposes stated in this section.
(3) It shall be unlawful for any person, firm or corporation to sell, offer for sale, or possess with intent to sell or offer for sale, or purchase, drug paraphernalia knowing, or under circumstances where one reasonably should know that the paraphernalia is possessed, sold, or offered for sale or purchased for one or more purposes stated in this section.
(4) It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement knowing, or under circumstances where one reasonably should know that the purpose of the advertisement in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(5) Any person, who violates this section by delivering, furnishing, or transferring drug paraphernalia to another person is subject to punishment as provided for in § 660.99.
(Ord. 994, passed 6-12-2019)