(A) (1) It is an offense for a person under the age of 21 years to possess marijuana in any amount.
(2) It is an offense for any person to grow marijuana for personal use anywhere in the town other than in an enclosed, locked space that is not open or public. For purposes of this division (A)(2), ENCLOSED shall mean having a roof and all sides closed to the weather with walls, windows or doors.
(3) It is an offense for any person to openly and publicly display, consume or use two ounces or less of marijuana.
(B) (1) It is an offense to possess drug paraphernalia under circumstances where the possessor knows or reasonably should know that the drug paraphernalia could be used in violation of the laws of state or the ordinances of the town.
(2) As used in this section, DRUG PARAPHERNALIA means all equipment, products and materials of any kind which are used, intended for use, or designed 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 substance in violation of the laws of the state or the ordinances of the town. DRUG PARAPHERNALIA includes, but is not limited to:
(a) Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances under circumstances in violation of the laws of the state;
(b) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;
(c) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana;
(d) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;
(e) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;
(f) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances; and
(g) 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, such as:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish beads or punctured metal bowls;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. 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;
6. Miniature cocaine spoons or cocaine vials; or
7. Chamber pipes, carburetor pipes, electric pipes, air-driven pipes, chillums, bongs or ice pipes or chillers.
(3) In determining whether an object is DRUG PARAPHERNALIA, the following factors, in addition to all other relevant factors, may be considered:
(a) Statements by an owner or by anyone in control of the object concerning its use;
(b) The proximity of the object to controlled substances;
(c) The existence of any residue of controlled substances on the object;
(d) Direct or circumstantial evidence of the knowledge of an owner, or of anyone in control of the object, or evidence that such person reasonably should know, that it will be delivered to persons who he or she knows or reasonably should know, could use the object to facilitate a violation of the laws of the state or the ordinances of the town;
(e) Instructions, oral or written, provided with the object concerning its use;
(f) Descriptive materials accompanying the object which explain or depict its use;
(g) National or local advertising concerning its use;
(h) The manner in which the object is displayed for sale;
(i) Whether the owner, or anyone in control of the object, is a supplier of like or related items to the community for legal purposes, such as an authorized distributor or dealer of tobacco products;
(j) The existence and scope of legal uses for the object in the community; and
(k) Expert testimony concerning its use.
(4) For the purpose of this division (B), the following definitions shall apply unless the context clearly requires a different meaning.
CONTROLLED SUBSTANCE. A drug or other substance or an immediate precursor which is declared to be a controlled substance under C.R.S. § 18-18-102(5), as may from time to time be amended.
DRUG PARAPHERNALIA. Does not include any marijuana accessories, as defined in the Colorado Constitution Art. XVIII, § 16(2)(g), if possessed or used by a person 21 years of age or older.
(Ord. -, Series 2000, passed 1-8-2001; Ord. 2015-3, passed 6-1-2015) Penalty, see § 130.99