For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates of requires a different meaning.
CONTROLLED SUBSTANCE. Any drug, substance or immediate precursor enumerated, defined or established pursuant to the provisions of Schedules I, II, III, IV and V of Iowa Code Chapter 124, Division II, as amended, or hereafter amended, known as the Uniform Controlled Substance Act.
DRUG PARAPHERNALIA. Any equipment, product or material of any kind which is primarily intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling or otherwise introducing into the human body a controlled substance. It includes, but is not limited to:
(1) Kits used or intended for use in planting, propagating, cultivating, growing or harvesting of the species of plant which is a controlled substance or from which a controlled substance can be derived;
(2) Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
(3) Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance;
(4) Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(5) Scales and balances used or intended for use in weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled substances;
(7) Separation gins and sifters used or intended for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana;
(8) Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances;
(9) Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled substances;
(10) Containers and other objects used or intended for use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled substances into the human body;
(12) Objects used, or primarily intended or designed for use, in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body such as:
(a) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without permanent screens, hashish heads or punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;
(f) Miniature spoons with level capacities of one-tenth cubic centimeter or less;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air driven pipes;
(k) Chillums;
(l) Bongs;
(m) Ice pipes or chillers;
(n) Wired cigarette papers; or
(o) Cocaine freebase kits.
(13) In determining whether an object constitutes
DRUG PARAPHERNALIA, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(a) Statements by an owner or by anyone in control of the object concerning its use;
(b) Prior convictions, if any, of any owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
(c) The proximity of the object, in time and space, to a direct violation of Iowa Code Chapter 124;
(d) The proximity of the object to controlled substances;
(e) The existence of any residue of controlled substances on the object;
(f) 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 intend to use the object to facilitate a violation of Iowa Code Chapter124; the innocence of an owner, or of anyone in control of the object, as to a direct violation of Iowa Code Chapter 124 shall not prevent a finding that the object is used or intended for use as
DRUG PARAPHERNALIA;
(g) Instructions, oral or written, provided with the object concerning its use;
(h) Descriptive materials accompanying the object which explain or depict its use;
(i) National and local advertising concerning its use;
(j) The manner in which the object is displayed for sale, including its proximity to other objects commonly used or intended for use in planting, propagating, cultivation, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of Iowa Code Chapter 124;
(k) Whether the owner, or anyone in control of the object, is a legitimate supplier of related items to the community, such as a licensed distributor or dealer of tobacco products;
(l) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(m) The existence and scope of legitimate uses for the object in the community; and
(n) Expert testimony concerning its use.
(Ord. C-503, passed 6-7-2011)