A. Purpose: The purpose of this Section is to regulate the possession, manufacture, advertisement and delivery of drug paraphernalia and thereby deter the use of controlled substances in the City. This Section is not intended to allow what the Minnesota Statutes prohibit or to prohibit what the Minnesota Statutes expressly allow. It is intended to prevent drug abuse.
B. Definition: For the purposes of this Section, “drug paraphernalia” shall mean 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 in violation of Minnesota Statutes or this Code.
C. Evidence: In determining whether an object is drug paraphernalia, a court or other authority should 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. Prior convictions, if any, of an owner or anyone in control of the object under State or Federal law relating to any controlled substance;
3. The proximity of the object, in time and space, to a direct violation of this Section;
4. The proximity of the object to controlled substances;
5. The existence of any residue of controlled substances on the object;
6. Direct or circumstantial evidence of the intent of an owner or anyone in control of the object to deliver it to a person who they know, or should reasonably know, intends to use the object to facilitate a violation of this Code; the innocence of an owner or anyone in control of the object as to a direct violation of this Code should not prevent a finding that the object is intended for use or designed for use as drug paraphernalia;
7. Instructions, oral or written, provided with the object concerning its use;
8. Descriptive materials accompanying the object which explain or depict its use;
9. National and local advertising concerning its use;
10. The manner in which the object is displayed for sale;
11. 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;
12. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
13. The existence and scope of legitimate uses for the object in the community; and
14. Expert testimony concerning its use.
D. Offenses:
1. Possession: 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 in violation of this Section.
2. Manufacture or Delivery: 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, inhale, or otherwise introduce into the human body a controlled substance in violation of this Section.
3. Offenses Involving Minors: Any person eighteen (18) years of age or over who violates subsection D.1 of this Section by delivering drug paraphernalia, and such delivery is to a person who is under eighteen (18) years of age and at least three (3) years their junior, shall also be violating this subsection D.3 as well as subsection D.1 of this Section.
4. Advertisement: It is 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.
E. Civil Forfeiture: All “drug paraphernalia” as defined by subsection B is subject to forfeiture, subject to the provisions set forth in Minnesota Statutes Section 609.5311 et seq., in the same manner as if such forfeiture were pursuant to said Minnesota Statutes Section 609.5311 et seq.