(a) It shall be unlawful for any person, business, company or corporation to advertise for sale, vend, possess, sell, distribute, deliver, possess with intent to sell or deliver or in any way constructively possess rolling papers or cigarette papers which are suitable for, used for, or intended for use in smoking or administering marijuana, hashish, hashish oil, cocaine, crack cocaine, cocaine derivatives, heroin, opiates or other controlled substances.
(b) In determining whether particular rolling papers are suitable for, used for, or intended for use in smoking or administering the abovementioned illegal substances, a court or other authority 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 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 knows, or should reasonably know, intend to use the object to facilitate a violation of law.
(5) Descriptive materials accompanying the object which explain or depict its use.
(6) National and local advertising concerning its use.
(7) The manner in which the object is displayed for sale.
(8) Law enforcement experience concerning the object’s use or intended use.
(9) Expert testimony concerning its use.
(1976 Code, § 15-72) (Ord. 2097, § 2, passed 4-17-1990)
Editor’s note:
Repealed or modified by judicial decision.