a. Distribution prohibited. It shall be unlawful for any person to advertise for sale, manufacture, possess, sell or deliver, or to possess with the intent to deliver or sell drug paraphernalia.
b. Factors to consider. In determining whether an object is paraphernalia, the following factors, in addition to all other relevant factors, shall be considered:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. The proximity of the object to controlled substances;
3. The existence of any residue of controlled substances on the object;
4. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of law; the innocence of an owner, or of anyone in control of the object, as to a direct violation of law shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
5. Instructions, oral or written, provided with the object concerning its use;
6. Descriptive materials accompanying the object which explain or depict its use;
7. National and local advertising concerning its use;
8. The manner in which the object is displayed for sale;
9. 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;
10. Direct or circumstantial evidence of the ratio of sales of the object 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.
c. Definition. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRUG PARAPHERNALIA. Any instrument, device, article or contrivance used, designed for use, or intended for use in ingesting, smoking, administering, injecting or preparing marijuana, hashish, hashish oil, cocaine or other controlled substances as defined and covered by S.C. Code Title 44, Chapter 53, Poisons, Drugs, and Other Controlled Substances. This definition of DRUG PARAPHERNALIA shall not include cigarette papers or tobacco pipes unless there are extenuating circumstances such as, but not limited to, if residue of a controlled substance is found on or in a pipe or if either the paper or pipe is in close proximity to, or in the same container as, a controlled substance at the time of discovery. DRUG PARAPHERNALIA shall include, but not be limited to:
(a) Metal, wooden, acrylic, glass, stone, plastic or ceramic marijuana or hashish pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
(b) Water pipes designed for use or intended for use with marijuana, hashish, hashish oil or cocaine;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Roach clips;
(f) Separation gins designed for use or intended for use in cleaning marijuana;
(g) Cocaine spoons and vials;
(h) Chamber pipes;
(i) Carburetor pipes;
(j) Electric pipes;
(k) Air-driven pipes;
(l) Chillums;
(m) Bongs;
(n) Ice pipes or chillers;
(o) Syringes;
(p) Heroin spoons; and
(q) Bottle caps.
(Ord. 2009-4, passed 8-3-2009)