(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DRUG PARAPHERNALIA.
(a) All equipment, products and materials of any kind which are used, intended for use, or fashioned specifically 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 dangerous substance in violation of the Uniform Controlled Dangerous Substances Act (the “Act”), including, but not limited to:
1. Kits used, intended for use or fashioned specifically 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;
2. Kits used, intended for use or fashioned specifically for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances;
3. Isomerization devices used, intended for use or fashioned specifically for use in increasing the potency of any species of plant which is a controlled dangerous substance;
4. Testing equipment used, intended for use or fashioned specifically for use in identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances;
5. Scales and balances used, intended for use or fashioned specifically for use in weighing or measuring controlled dangerous substances;
6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or fashioned specifically for use in cutting controlled dangerous substances;
7. Separation gins and sifters used, intended for use or fashioned specifically for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
8. Blenders, bowls, containers, spoons and mixing devices used, intended for use or fashioned specifically for use in compounding controlled dangerous substances;
9. Capsules, balloons, envelopes and other containers used, intended for use or fashioned specifically for use in packaging small quantities of controlled dangerous substances;
10. Containers and other objects used, intended for use or fashioned specifically for use in parenterally injecting controlled dangerous substances into the human body;
11. Hypodermic syringes, needles and other objects used, intended for use or fashioned specifically for use in parenterally injecting controlled dangerous substances into the human body;
12. Objects used, intended for use or fashioned specifically 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 screens, 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 cocaine spoons and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air driven pipes;
k. Chillums;
l. Bongs; or
m. Ice pipes or chillers.
13. All hidden or novelty pipes; or
14. Any pipe that has a tobacco bowl or chamber of less than one-half inch in diameter in which there is any detectable residue of any controlled dangerous substance or any other substances not legal for possession or use.
(b) The term 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 in which no detectable amount of an illegal substance is found or pipes designed and used solely for smoking tobacco, traditional pipes of an American Indian tribal religious ceremony or antique pipes that are 30 years of age or older.
(B) Factors for consideration. 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 of anyone in control of the object, under any state or federal law relating to any controlled substance;
(3) The proximity of the object, in time and space, to a direct violation of the Act;
(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 of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intended to use the object to facilitate a violation of the 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 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.
(C) Use or 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 the Act.
(D) 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, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Act.
(E) Advertising. 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.
(Prior Code, § 5-4A-9) Penalty, see § 132.99