(A) DRUG PARAPHERNALIA means all equipment, products and materials of any kind which are used, intended for use or designed for use, in manufacturing, planting, propagating, cultivating, growing, harvesting, compounding, converting, producing, processing, preparing, analyzing, packaging, repackaging, storing, concealing, containing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance, as defined by Iowa Code Chapter 124, as amended. It shall include, but not be limited to, the following:
(1) Growing kits. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(2) Processing kits. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
(3) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;
(4) Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances;
(5) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or otherwise cleaning or refining of, marijuana;
(6) Hypodermic syringes, needles and other objects used, intended for use and designed for use in parenterally injecting controlled substances into the human body;
(7) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, which shall include, but not be limited to, the following:
(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 marijuana cigarette, which 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; and
(m) Ice pipes or chillers.
(8) Containers. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances; and
(9) Storage containers. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.
(B) In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:
(1) Statement 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 laws in relation to any controlled substance, as defined in Iowa Code Chapter 124, as amended;
(3) The proximity of the object, in time and space, to a direct violation of Iowa Code Chapter 124, as amended;
(4) The proximity of the object to a controlled substance, as defined in Iowa Code Chapter 124, as amended;
(5) The existence of any residue of a controlled substance as defined in Iowa Code Chapter 124, as amended;
(6) Direct of circumstantial evidence of an owner, or anyone in control of the object, delivering it to any person whom he or she knows, or should reasonably know, may use the object to facilitate a violation of this subchapter. The innocence of an owner, or of anyone in control of an object, as to a direct violation of this subchapter 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 explains or depicts its use;
(9) National or 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 in the county, such as licensed distributor or dealer of tobacco products;
(12) Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise;
(13) The existence and scope of any legitimate use for the object in the county; and
(14) Expert testimony concerning its use.
(Ord. 14, passed 2-25-1997)