(A) (1) As used in this section,
DRUG PARAPHERNALIA shall mean all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, con-cealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled danger-ous substance in violation of the Uniform Controlled Dangerous Substances Act. It includes but is not limited to:
(a) Kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived;
(b) Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances;
(c) Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled dangerous substances;
(d) Testing equipment used or intended for use in identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances;
(e) Scales and balances used or intended for use in weighing or measuring controlled dangerous substances;
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled dangerous substances;
(g) Separation gins and sifters used or intended for use in removing twigs and seed from or in otherwise cleaning or refining marihuana;
(h) Blenders, bowls, containers, spoons, and mixing devices used or intended for use in compounding controlled dangerous substances;
(i) Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled dangerous substances;
(j) Containers and other objects used or intended for use in parenterally injecting controlled dangerous substances into the human body;
(k) Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled dangerous substances into the human body; and
(l) Objects used or intended for use in ingesting inhaling or otherwise introducing marijuana, 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 material, such as a marihuana cigarette, that has become too small or too 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; or
13. Ice pipes or chillers.
(2) Provided however,
DRUG PARAPHERNALIA shall not include separation gins intended for use in preparing tea or spice, clamps used for constructing electrical equipment, water pipes designed for ornamentation or pipes designed for smoking tobacco.
(63 O.S. § 2-101)
(B) No person shall illegally use or possess 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 dangerous substance in violation or the Uniform Dangerous Substance Act, as set forth in 63 O.S. §§ 2-101 et seq., except those persons holding an unrevoked license in the professions of podiatry, dentistry, medicine, nursing, optometry, osteopathy, veterinary medicine or pharmacy.
(63 O.S. § 2-405.B)
(C) No person shall illegally deliver, possess or manufacture drug paraphernalia knowing it will be used to illegally 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 dangerous substance in violation of the Uniform Controlled Dangerous Substances Act, as set forth in 63 O.S. §§ 2-101 et seq.
(63 O.S. § 2-405.C)
(D) In determining whether an object is “drug paraphernalia,” a court 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 a direct violation of the Oklahoma Uniform Controlled Dangerous Substance Act;
(3) The proximity of the object to controlled dangerous substances;
(4) The existence of any residue of controlled dangerous substances 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 intend to use the object to facilitate a violation of the Oklahoma Uniform Controlled Dangerous Substances Act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the act shall not prevent a finding that the object is drug paraphernalia;
(6) Instruction, oral or written, provided with the object which either state directly or imply that the object is to be used for the consumption of controlled substances;
(7) Descriptive material accompanying the object which explain or depict its use as an object for the consumption of controlled substances;
(8) The manner in which the object is displayed for sale;
(9) Whether the owner, or anyone in con-trol of the object, is a legitimate supplier of like or
related items to the community, much as a licensed distributor or dealer of tobacco products;
(10) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
(11) The existence and scope of legitimate uses for the object in the community; and
(12) Expert testimony concerning its use.
(63 O.S. § 2-101.1)
(E) It is unlawful for a person to violate the provisions of this section and any person found guilty of such violation shall be guilty of a misdemeanor offense.
(Ord. 97-08, passed 3-3-97; Am. Ord. 2018-13, passed 8–6-18) Penalty, see § 133.99