A. Possession of Drug Paraphernalia. It is unlawful for any person to use or to possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance. Any person who violates this subsection is guilty of an infraction and upon conviction may be fined not more than $500. As of July 1, 2015, it is a valid defense to this section that a violator of this section is 21 years or older at the time of the offense, and that the paraphernalia was solely for uses involving marijuana.
B. Manufacture or Delivery of Drug Paraphernalia. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing or under circumstances where one reasonably should know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance. Any person who violates this subsection is guilty of an infraction and upon conviction may be fined not more than $500. As of July 1, 2015, it is a valid defense to this section that a violator of this section is 21 years or older at the time of the offense, and that the paraphernalia was solely for uses involving marijuana by others also over the age of 21 years.
C. Delivery of Drug Paraphernalia to a Minor. Any person 18 years of age or over who violates division B. of this section by delivering drug paraphernalia to a person under 18 years of age is guilty of a misdemeanor offense and upon conviction may be imprisoned for not more than 1 year, fined not more than $6,250, or both.
D. Advertisement of Drug Paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing 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. Any person who violates this section is guilty of an infraction and upon conviction may be fined not more than $500.
(Am. Ord. 1419, passed 6-17-2015)